As of September 2024, over 6,000 cases of environmental crimes have been recorded, with the damage estimated at 2.6–2.7 trillion hryvnias. In an interview with Ukrinform, the Minister of Environmental Protection and Natural Resources, Svitlana Hrynchuk, discussed the prospects for legally documenting acts of Russian ecocide, obtaining compensation for the destruction caused, and plans for ecosystem restoration. According to her, international partners undoubtedly support Ukraine in these matters.
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SubscribeThis was shared by the Minister of Environmental Protection and Natural Resources of Ukraine, Svitlana Hrynchuk, in an interview with Ukrinform.
Damage Assessment: A Trillion-Hryvnia Bill
- You recently took the helm of the ministry. What will be the focus of the ministry under your leadership?
- Unfortunately, the environment is one of the sectors suffering the most due to the war. A vast territory of the nature reserve fund, as well as forest, land, and water resources, has been occupied and damaged, enduring intense combat actions. After de-occupation, it will take decades to restore some areas to their pre-war condition. Therefore, my focus as the Minister of Environmental Protection and Natural Resources is primarily directed at ensuring that both Ukrainians and the international community understand: accountability for military actions that cause immense harm to natural resources is inevitable. We need to develop mechanisms together with international partners that would prevent such wars and the impunity of aggressors for environmental damage in the future. Russia must be severely punished for its actions against our territories and natural resources. It will have to fully compensate for the damage caused.
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- As of September 2024, what sum is being discussed, and what consequences of military influence on ecology have already been recorded?
- More than 6,000 different cases have been recorded. According to estimates, this amounts to approximately 2.6–2.7 trillion hryvnias. The damage inflicted on the environment is one of the largest in monetary terms, as it represents a vast area of damaged and destroyed agricultural lands, forest lands of both conservation and industrial status, and polluted basins of our water arteries. There are large areas mined and contaminated with explosives. For example, there are hundreds of hectares of forest fires daily, which unfortunately cannot be extinguished using all traditional means due to the mining. Currently, more than half a million hectares of forests are mined. Since the beginning of the year, fires have damaged over 23,000 hectares of forests. This figure increases daily. Currently, 20% of protected areas in Ukraine are under occupation or in combat zones. The estimated damage to Ukraine's nature reserve fund, calculated by our specialists, is nearly 650 billion hryvnias.
- Some tend to believe that the figures regarding the consequences are somewhat exaggerated. Tell us about the mechanism for documenting destruction and the algorithm for calculating the damage incurred. And explain what happens after the documentation and calculation? Preparation of lawsuits, appeals to international instances...
- Yes, internal work on documenting and verifying events and losses is already underway. The State Environmental Inspection is directly responsible for this. They have clear instructions on how to document damage, with developed methodologies approved by the Cabinet of Ministers for each area: water, land, forest resources, and air quality (increased greenhouse gas emissions due to explosions, fires, and improper land use and deforestation).
A separate area of work focuses on documenting environmental crimes, carried out by environmental inspectors in conjunction with prosecutors from specialized environmental prosecutor's offices under the Office of the Prosecutor General of Ukraine. Currently, the Office of the Prosecutor General is investigating 209 criminal cases related to environmental war crimes, 14 of which have preliminary legal qualifications of "ecocide." We are documenting and preparing this data for submission to the International Register of Damages when it becomes operational.
Next, one of the most important stages is the recognition of these assessments and damages not only by our international partners, who are already acknowledging them, but also by international courts. We are currently working on this. Unfortunately, our cases are significant for many countries interested in developing an international mechanism for documenting, verifying, and subsequently using these facts in international courts.
And the final stage is the actual compensation for damages by the aggressor.
We are trying to unify all these processes on the platform of Point 8 of President Volodymyr Zelensky's peace formula, "Environmental Security." Soon, an international partners' meeting will take place, with 18 countries already agreeing to participate, although we are actively working to attract as many countries as possible to the working group. The issues of documenting, compensating for damages by the aggressor, and subsequently restoring these damaged territories will be key topics in these negotiations.
The Environmental Component as Part of Reparations: Prospects
- What are the prospects for changes in international legal norms and finally including ecocide in the list of crimes considered by the International Criminal Court?
- The chances of success in this matter depend on the unity of the international community. Establishing practices for holding accountable those who commit environmental war crimes will help minimize the consequences of future conflicts. Everyone must understand that nature cannot be destroyed without consequences.
- The Ministry of Environment has repeatedly noted that the environmental component may become part of reparations for the first time. Are international partners ready to support Ukraine in the event of such claims, and are they providing professional legal assistance in preparing the relevant documents?
- Recently, during a meeting with the German ambassador, we discussed this issue. Germany is one of the co-chairs of the countries and one of the driving forces behind Point 8 of the Peace Formula. Officials there take the issue of documenting environmental damage and compensation seriously. We spoke about the importance of legal support specifically in adjusting the methodologies we use for documenting losses and preparing documents for lawsuits. We are working to involve as many partners as possible for legal support in this process.
- The recent incident regarding the technological pollution of the Seym and Desna rivers by Russians indicates that the enemy deliberately and insidiously harms the environment even outside the theater of military operations. What damages has Ukraine suffered as a result of this catastrophe?
- Fortunately, the pollution did not reach dangerous concentrations at the water intake points in the Kyiv region. However, technological discharges from a factory in Russia have indeed caused an ecological catastrophe for our water arteries. Regarding the damage, the estimated environmental damage to the Sumy and Chernihiv regions already exceeds 530 million hryvnias. These facts have been documented by law enforcement agencies. We are raising this issue on all international platforms, highlighting the situation and attracting attention. Russia simply ignores all international norms, committing a direct crime against the natural resources of a neighboring country.
- What is the plan of action in such cases?
- The Ministry of Environment, together with leading scientists and experts, has conducted a thorough analysis of the situation. We are currently working on a comprehensive plan that will include an algorithm for interaction and response as well as recommendations for further actions.
- Even before the war, the state of our rivers raised numerous complaints. Since independence, Ukraine has lost, by estimates, up to 10,000 small rivers. Most of the remaining ones are considered polluted or dirty. Ukraine has approved a Water Strategy until 2050. Perhaps the situation with the pollution of the Seym will prompt the implementation of this strategy sooner than planned? What needs to be done first?
- Not only the situation with the Seym and Desna, but also the overall situation with rivers in Ukraine. In particular, the destruction of the Kakhovka dam. We have a lot of plans, primarily in the context of European integration. First and foremost, it is about implementing the Water Framework Directive. Already today, Ukraine operates a basin management principle for water resources, has implemented diagnostic and operational monitoring of water in all river basins in Ukraine, and has conducted a screening of pollutants in the largest river basins. Soon, we will approve six river basin management plans (RBMP) for the Vistula, Dniester, Southern Bug, Black Sea, Azov Sea, and Crimea, with three more for the Dnieper, Don, and Dniester in preparation. Thus, nine RBMPs are