Responsibility and Accountability for Environmental Destruction in Relation to Armed Conflicts: The Case of Ukraine

This chapter addresses the legal framework and potential processes regarding the responsibility for environmental destruction in relation to an armed conflict, with a special focus on the environmental consequences of the war against Ukraine. It does so in a generic manner with the aim of illustrating that the legal aftermath of harm to the environment in relation to armed conflicts is likely to take a more prominent role than ever before. Accountability for environmental damage in Ukraine as a result of the Russian aggression will take many forms, from individual to State responsibility. It will go beyond the law of armed conflict and include other areas, such as environmental law, human rights law, and criminal law. It also shows that claims to reparation and compensation in interstate conflicts will be accompanied by civil and criminal law proceedings pursued by both individuals and legal entities. Pursuing claims is part of a legitimate lawfare and needs due processes, as distinct from parallel political agreements that aim at ending hostilities.