Ukraine's Nova Kakhovka Dam Crisis: An Act of War and a Test of Humanity
The destruction of the Nova Kakhovka dam in the Kherson region of Ukraine has triggered a national crisis, with Ukrainian President Volodymyr Zelensky declaring it a disaster of "unprecedented proportions"1. This calamity came about amidst a backdrop of escalating tensions between Ukraine and Russia, with both nations pointing fingers at each other as the perpetrator of the dam's destruction3.
The practice of destroying dams in warfare dates back centuries. It was discovered as early as the 16th century during the Eighty Years’ War that flooding areas could impede the progress of enemy forces3. This method continued into the 20th century, infamously seen in the "Dambusters" raid during World War II when British forces attacked German dams, and later during the Korean War with the bombing of North Korean hydroelectric facilities by the United States3.
Yet, the destruction of such structures not only incapacitates enemy forces but also wreaks havoc on civilian populations and the environment. In response to this, the international community introduced Additional Protocol I to the Geneva Conventions in 1977. This protocol prohibited the use of methods or means of warfare expected to cause "widespread, long-term, and severe damage to the natural environment" and particularly outlined protection for structures like dams and dykes3.
The Nova Kakhovka dam's demolition, regardless of who is responsible, has led to severe flooding that devastated the surrounding regions, causing the evacuation of thousands of civilians34. Furthermore, there is no evidence that the dam was being used to support military actions, which is the only condition under which its destruction could be justified under the Geneva Conventions3.
Complicating the issue further, Russia, which was initially a signatory to the Geneva Conventions, had its signature removed by President Vladimir Putin in 2019. While some argue that these rules may not apply to Russia due to this, others suggest these rules are so customary that they should be binding on all nations at all times. Despite the latter argument, no one has ever been brought to justice for attacking dams3.
The International Criminal Court (ICC) has the jurisdiction to investigate the destruction of the dam as a potential war crime, even though the US, Russia, and Ukraine are not parties to the statute that undergirds the ICC. This is because Kyiv has twice exercised its prerogatives to accept the court’s jurisdiction over alleged crimes occurring on its territory, and the ICC has accepted this jurisdiction3.
As the world watches the unfolding disaster in Ukraine, questions of accountability and restitution are brought to the forefront. If not addressed, these heinous acts may continue, eroding norms that are meant to restrain warfare and risking the desensitization of the world to such acts of barbarity3.