Claim 1: The Destruction of the Kakhovka Dam
Claim 1: The Destruction of the Kakhovka Dam
Description
On 6 June 2023, military forces of the Russian Federation allegedly destroyed the Kakhovka dam and hydroelectric power station. The Kakhovka dam held back the waters of the expansive Kakhovka reservoir. Downstream is the Dnipro-Buh estuary region, the largest estuarine ecosystem in Southern Ukraine.
The Kakhovka dam breach was most likely caused by an explosion at the dam. The incident led to devastating flooding downstream, causing a wide-ranging evacuation and severe humanitarian, economic, and environmental impact. The Kherson military administration reported that a total area of approximately 600 km2 was affected by the flooding between 6 – 9 June 2023; people were killed, property was destroyed, and nature reserves and nature, more generally, were contaminated and harmed.
Disclaimer: Participants did not have to prove and bring forward evidence that the dam’s destruction was attributable to the Russian Federation, this was a given in the case.
Claims by the Parties brought forward in the GROMADA Moot Court
Ukraine
The representatives on behalf of Ukraine argue that Russia violated international humanitarian law, since the destruction of the Kakhovka dam caused widespread, long-term, and severe damage to the natural environment.
Russia
Russia counters that the destruction of the Kakhovka dam conformed with international law.
Questions
The questions assessed under this claim:
How did the dam’s destruction impact the environment, upstream and downstream?
In light of the extent of the damage, was this foreseeable?
Has the destruction of the dam caused widespread, long-term, and severe damage to the environment to fulfill the criteria of Article 35(3) Additional Protocol I to the Geneva Conventions?
Focus on the following sub-areas of public international law…
International environmental law
…is a relatively young field of international law that deals with protecting the environment. It comprises many agreements and conventions that aim to protect biodiversity and prevent environmental pollution, among other things.
International environmental law
…also known as the law of war, mainly refers to the four Geneva Conventions of 1949 and their three additional protocols, which regulate the conduct of hostilities, meaning war
Anna Berti Suman
Associate of Systasis; Research fellow in Sustainable Innovation Law at Luiss Law School; Founder of the 'Sensing for Justice' project
Gabriel Rojas
Intern at Systasis; Master Student at the University of Cologne
Doug Weir
Research and Policy Director at Conflict and Environment Observatory (CEOBS); Visiting Research Fellow, Department of Geography, King's College London
Nicole Citeroni
Postdoctoral researcher at Lund University on the project "The International Legal Dimension of Environmental Peacebuilding"
Mentors
Witness
Iryna Babanina
Environmentalist, environment, and war researcher at the Conflict and Environment Observatory in the UK (CEOBS)
Testimonials
Sonia Artesani
Participant, Italy
Attending the GROMADA Summer School was an exceptional experience! The lectures were not only enriching but also engaging, providing a deep dive into various disciplines. The interdisciplinary approach was especially valuable, offering a comprehensive understanding of the diverse topics addressed. The moot court was a particularly rewarding challenge, offering an opportunity to apply our knowledge in a practical, real-world context.
Daysheelyn Anne Brillo
Participant, Philippines
I really learned a lot from environmental protection in the context of armed conflict. I will pass it down to my students here in the Philippines.
Iryna Babanina
Expert witness
The Moot Court was a wonderful display of knowledge, legal thinking and rhetorical mastery by the students. Having explored the situation around the destruction of the Kakhovka Dam for a long time, I was truly amazed how quickly and efficiently the students did the necessary research and found valid argumentation to support both positions – which is especially important in the light of highly complicated process of potential ecocide litigation.
