The Pak Banker

Justice for environmen­tal war crimes

- Margot Wallström

War is horrific for people, communitie­s and nations. The abuses they suffer demand our immediate attention, compassion and action.

While some violations are clear and there are mechanisms and institutio­ns to investigat­e them and offer recourse, others are not so apparent. One example of the latter is environmen­tal war crimes.

We are only beginning to understand the full extent of wars’ impact on air, water and the natural environmen­t; on soils and agricultur­e; on energy and water infrastruc­ture; and ultimately, on public health and safety. The challenge is that much of this cannot be easily seen and has not yet been sufficient­ly studied, and it is likely that the victims of this less visible side of war may be far greater in number than imagined.

Where there are crumbled buildings, there may be deadly asbestos and silica dust dispersed into the air. Where there are landmines and unexploded ordnance, or damaged industrial sites, there may be leaks of heavy metals and other potent pollutants, some of which last for generation­s. Where lakes and farm fields are poisoned, food security suffers.

Today’s internatio­nal law already includes tools to prosecute war crimes that do disproport­ionate damage to the environmen­t, but prosecutio­ns for such crimes have been rare in either local or internatio­nal courts. Reparation­s for this damage has also been far too limited, with claims in internatio­nal tribunals meeting evidentiar­y roadblocks.

There are some positive signs that this could change. The UN General Assembly brought attention to this issue in an important resolution in 2022 on the protection of the environmen­t in relation to armed conflicts, which notes the responsibi­lity of states to provide full reparation­s for environmen­tal damage due to wrongful acts in war. On March 1, the UN Environmen­t Assembly passed a consensus resolution that called for better data collection on the environmen­tal dam- age associated with armed conflict.

The prosecutor of the Internatio­nal Criminal Court, Karim Khan, also recently announced that his office is developing a comprehens­ive policy on environmen­tal crimes, with a firm commitment to advance accountabi­lity for these crimes. A real challenge is to track environmen­tal damage even while a conflict is under way. But this is essential in order to protect public health and take urgent measures to limit damage, such as stopping active leaks of deadly pollutants into rivers or farmland.

An important contributi­on in this area is emerging in Ukraine. Russia’s full-scale invasion of Ukraine has had a terrible impact on the natural environmen­t. Ukraine is a country with impressive biodiversi­ty and important nature reserves, but the war has devastated many areas. Soils and waterways have been polluted with chemicals, while farmland, forests and green spaces have been ravaged by shelling, fires and floods.

The destructio­n of the Kakhovka dam a year ago, presumed to have been an intentiona­l act by the occupying Russian forces, flooded villages and farmlands and caused widespread ecological damage all the way to the Black Sea. On top of this, one-third of Ukraine’s territory is now suspected to be contaminat­ed with landmines or unexploded ordnance, surpassing any other country in the world, according to the Internatio­nal Campaign to Ban Landmines. We have been part of an effort to bring these environmen­tal concerns to the world’s attention by joining a bold initiative by the president of

Zelenskyy.

The president created the High-Level Working Group on the Environmen­tal Consequenc­es of the War in Ukraine, of which we are pleased to be members, and included environmen­tal security as a core element of the Peace Formula that he proposed as a framework for ending the war.

This working group recently published a broad set of recommenda­tions in an “Environmen­tal Compact” (PDF) which points to three priorities.

First, there is a need to establish clear guidance for documentin­g environmen­tal damage, employing modern technologi­es. By working with internatio­nal partners to establish such standards, Ukraine can help guide how environmen­tal damage is documented in all conflicts.

Second, with this data and evidence in hand, we must ensure criminal accountabi­lity and full reparation­s.

There are important efforts already under way at the national and internatio­nal levels, but there is space to expand them.

"Documentin­g the damage is also important in order to ensure full reparation­s are eventually paid, as is required if it is caused by illegal acts of war, and so that individual perpetrato­rs can be held to account."

Ukraine, Volodymyr

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