ICC ASP side event “War-driven Environmental Damage in Ukraine: Perspectives on the Application of the Rome Statute and the Work of the ICC”
Opening statement by H.E. Rein Tammsaar, Permanent Representative of Estonia
12 December 2023, New York
I would first like to recognize and thank the organizers of this meeting on war-driven environmental damage in Ukraine that Estonia is honoured to co-sponsor.
Russia’s war of aggression against Ukraine is an attack on the rules-based multilateral order and the UN Charter. Since the launch of the invasion on February 24th 2022, Russia has committed heinous atrocities on the Ukrainian people, and caused irreparable damage to its environment.
In June this year, the Russian military blew up the Kakhovka Dam that held one of the biggest water reservoirs in Europe. The result was an environmental catastrophe with a long-lasting environmental impact. Overnight, one of the world’s most valuable agricultural regions was flooded submerging 620 km² of land. 80 settlements and approximately 100 000 people were directly affected. Many were killed. Tons of oil spilled into the Dnipro River, severely damaging the ecosystem of one of the largest rivers in Europe. The flooding shifted landmines and other explosive devices, endangering areas downriver and potentially even the Black Sea.
Additionally, the reservoir held by the dam supplied water to the nearby Zaporizhzhia Nuclear Power Plant. As such, the destruction of the dam and the depletion of the reservoir inflicted serious risk of a direct impact on the functioning of the plant’s essential cooling water system and in turn endangered the safe operation of the facility.
Russia has shown an overall indifference to the human toll and the suffering of civilians by the destruction of critical infrastructure. The ecocide being committed is just another collateral for the elderly dictator that is approaching his fifth term of office.
Two weeks ago, on November 29th, the IAEA reported several explosions in close proximity to the Khmelnitsky Nuclear Power Plant. Director General Grossi of the International Atomic Energy Agency has highlighted the critical nature of the nuclear situation in Ukraine, describing it as “highly precarious”, and emphasizing that all of Ukraine’s nuclear power plants remain at risk as long as the war continues. It is obvious that the safety of nuclear power plants in Ukraine and the wider region does clearly not even make the Russian President blink an eye.
Environmental reconstruction after war will be extensive and expensive and Ukraine will need considerable support from the international community to rebuild its country. According to the estimates, the recovery and reconstruction after the destruction of the Kakhovka Dam only amount to $5 billion. Meanwhile, it is imperative that we also act now and establish measures to mitigate further environmental damage.
Although the threshold for applying the Rome Statute is high, it is imperative that the ICC also pays attention in their investigations to intentional attacks during armed conflicts causing widespread, long-term and severe damage to the natural environment and develop relevant case law.
This would not only serve as a deterrent for the Kremlin against continuing its deliberate attacks against civilian objects and infrastructure causing enormous damage to natural environment in Ukraine, but would also discourage similar destruction in armed conflicts around the world.
Under the Rome Statute, the ICC already possesses a mandate for prosecution of genocide, crimes against humanity, war crimes and the crime of aggression. There have been discussions whether to add ecocide as the fifth crime under the ICC jurisdiction that could send a strong message that the international community will not accept the purposeful targeting and destruction of the environment as a tool of war.
The ICC plays a crucial role for bringing justice to victims and holding perpetrators accountable. Let us ensure that this extends to the victims and perpetrators of ecocide. This is a crime that directly impacts homes, livelihood and safety of victims and we must do our utmost to prevent this.
Thank you.