Russia’s explosive demolition of the Kakhovka dam, combined with the torture of employees and planting explosives at the occupied Zaporizhzhia Nuclear Power Plant (ZNPP), not only constitute a blatant violation of International Humanitarian Law, but also demonstrate a reckless disregard for civilian safety, exemplifying the hazardous and destructive nature of their warfare tactics. This perilous turn of events, stemming from the full-scale Russian invasion into Ukraine, has drastically compromised nuclear and hydroelectric infrastructures. The ramifications are alarming, affecting not only Ukraine but also Europe.
The only way to end the military threat to Ukraine’s nuclear power plants and dams is by withdrawing Russian forces from Ukraine, bringing those responsible to justice, and terminating any cooperation with Russia and its state bodies. This statement is issued by Truth Hounds, the co-host of the COP28 side event ‘War on Environment: Protecting Dams and Nuclear Power Plants. Other participants included representatives from Greenpeace Germany, Project Expedite Justice (PEJ), the Ministry of Environment of Moldova, the Ukrainian Climate Network (UCN), and NGO Ecoaction.
Since Russia’s occupation of the Zaporizhzhia Nuclear Power Plant (ZNPP) in March 2022, there has been an unprecedented risk of a large-scale nuclear disaster, potentially on a scale beyond that of Chornobyl or Fukushima, Greenpeace reported.
Other dangers are associated with the storage of nuclear waste. The ZNPP is the only nuclear power plant in Ukraine with a dry storage facility for spent nuclear fuel (SNF). The SNF storage is not designed as robustly as protective structures above active reactors. As of 2023, it contained 174 concrete containers, with 24 assemblies of SNF in each. The destruction of these containers will lead to radioactive contamination of the environment, including the waters of the Dnipro River.
At the COP28 side event, Ukrainian NGO Truth Hounds presented a recently published study that demonstrates how Russian occupying forces in complicity with Rosatom have set up a systematic campaign of abductions, torture, and inhumane treatment of ZNPP workers. Rosatom has aided and abetted the occupying forces in committing war crimes and crimes against humanity directed at the nuclear power plant’s personnel, thereby undermining the nuclear security of the station in violation of international nuclear treaties, as well as business and human rights obligations.
Photo: Darya Lazaryeva, Ecoaction
Meanwhile, Rosatom’s operations and contracts remain intact in 54 countries. At COP28, Rosatom promotes its technology in cooperation with its European and global nuclear partners. By maintaining trade relations with Rosatom, the global nuclear industry is de facto endorsing Russia’s illegal occupation of Ukraine’s nuclear plants. The international community needs to wake up to the warnings issuing from the Ukrainian Government regarding the very real possibility of a nuclear disaster in Ukraine. Continuing business as usual with Rosatom is not an option. Rosatom’s atomic business with Europe, led by Hungary, France, and Slovakia, as well as corporations such as Siemens Energy and Framatome, must be stopped by the imposition of comprehensive European Union sanctions.
The destruction of the Kakhovka Dam, one more brutal attack carried out by Russian forces on June 6th, was also discussed at the side event. Truth Hounds and Project Expedite Justice experts highlighted that the disappearance of the Kakhovka reservoir would cause the desertification of Ukraine’s southern regions, contamination of the water supply and soil, biodiversity disruption, and destruction of ecosystems. Soon after the attack and in light of its disproportionate impact on the civilian population and the environment, Project Expedite Justice (PEJ) and Truth Hounds united their efforts to investigate the dam’s destruction. Operating in tandem, they began collecting information on the initial blast and subsequent breach of the dam, conducting a legal analysis of the event and its consequences, and are now working to establish individual criminal responsibility for the crime committed.
Although ecocide is not internationally criminalized yet, the attack on the Kakhovka Dam represents a violation of various provisions of IHL dealing with the principle of proportionality, and does indeed constitute a war crime, namely the intentional launch of an attack that causes disproportionate and excessive damage to natural environment.
The attack on the Kakhovka Dam undermines global commitment to mitigate climate change, endangers the food security situation in Ukraine and worldwide, and has a widespread, long-term, and severe environmental impact. In line with sustainable development goals and IHL obligations, individual states should do everything in their power to make it decidedly clear that the international community will not tolerate such attacks. One of the instruments here is demanding criminal responsibility for the planners, perpetrators, and abettors of this war crime.
COP28 is the 28th Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC), hosted by the United Arab Emirates from 30 November to 12 December 2023 in Dubai. This is a key international platform for countering the climate crisis, as well as an important lever of influence on the national policy of countries. On December 9th, the International Environmental Declaration was launched and presented for signing. The Declaration should legally consolidate the status of the Global Platform for the Assessment of Environmental and Climate Damage as a result of War. As of now, 20 states have already supported the Declaration.