What is 'Ecocide' that could lead to trial against Russia in ICC?

Why you're reading this: Ukraine is pushing for the international community to start a trial against Russia after its forces allegedly blew up the Kakhovka Dam that caused devastating environmental destruction. Kyiv is urging the International Criminal Court (ICC) to hold Russia accountable for such acts of war that harmed animals and damaged the environmental resources. Greenpeace legal advisor Daniel Simons told The Kyiv Independent that with sufficient evidence there may be a consideration to start a trial into Russia's war crimes. 

3 things you need to know

• ECOCIDE is known as the root cause of the climate and ecological emergency that Ukraine is facing as Russia has allegedly blew up the mega Kakhovka Dam.
• As Ukraine experienced the devastating shock of environmental degradation, the Ukrainian Ministry of Environmental Protection and Natural Resources has appealed to the international community to legally try Russia arguing that Russian forces must be prosecuted by the International Criminal Court (ICC) for the offense of war crimes and genocide.
• Greenpeace legal advisor Simons said a war crimes trial may be launched against Russia, particularly against the specific individuals who ordered the dam's destruction, however more evidence is needed. 

What is Ecocide? 

Ecocide refers to the destruction or significant damage to ecosystems or the natural environment. The Kakhovka Dam collapse, on June 6, has sparked discussion about the "ecocide" to be recognised as an international crime. After the dam incident in Ukraine, the Swedish climate activist Greta Thunberg publicly criticised the Russian president's “unprovoked full-scale invasion” using the term "ecocide" in her tweet.

Responding to Greta Thunberg's tweet, Zelenskyy wrote, “Thank you for your position and for upholding the truth @GretaThunberg! Russia must be held accountable for all its evil against people, life and nature!”

To date, an estimated 2,364 "military acts" with environmental consequences against Ukraine have been documented as EcoZagroza ("eco-threat"). By way of comparison, the World Bank estimated in September 2022 that the overall cost of reconstruction to be at least $349 billion (€318 billion euros), which puts the total repair costs of such damages at €48 billion. 

What does International Law say?

Though there are discussions about potentially adding "ecocide" as a crime under International law, it is not yet recognised as such by ICC. 

As per Article 8(2)(b)(iv) of the Rome Statute of the ICC, intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated is a war crime.

Therefore, as per Simons, a war crimes trial may be opened against specific individuals who ordered the dam's destruction, according to The Kyiv Independent.

However, Article 8(2)(b)(iv) has its own limitations and is still a work in progress. The actus reus for the crime is hugely vague, particularly the requirement that damage be widespread, long-term, and severe. And, its mens rea is subjective, making it almost impossible to find that a perpetrator knew the attack would be disproportionate. Also, it does not apply to internal armed conflicts.

When was the term 'ecocide' first used?

The term was used for the first time to describe the environmental devastation caused in Vietnam by the US military’s use of “Agent Orange”, a toxic herbicide that damaged the rivers and lands, making them excessively toxic. Ecocide can be considered a cause of “the climate and ecological emergency facing humanity”, according to Stop Ecocide International, a nonprofit organisation. The latter says that the term could be used to describe the deforestation of the Amazon, large oil spills and other environmental disasters. It is a crime in 11 countries including Armenia, Belarus, Kazakhstan, Russia and Ukraine as per the organisation.