Environmental Damage in Ukraine as Environmental War Crime under the Rome Statute: The Kakhovka Dam Breach in Context.

The article focuses on analyzing whether the destruction of the Kakhovka Dam during the Russian invasion of Ukraine qualifies as an environmental war crime (EWC) under Article 8(2)(b)(iv) of the Rome Statute of the International Criminal Court (ICC). It examines the dam breach as an intentional attack by Russia that caused widespread, long-term, and severe environmental damage disproportionate to the limited military advantage gained, meeting the high threshold set by the ICC for such crimes. The article also identifies legal challenges in prosecuting this case, including defining the act as an "attack," proving the long-term nature of damage, and establishing the perpetrator's knowledge and intent, while suggesting that these challenges can be overcome. Furthermore, it discusses broader implications for international criminal law and offers insights for other courts addressing environmental harm in armed conflicts.