Violations of human environmental rights in Ukraine during the period of martial law (example of the Kaкhov disaster)

Abstract

The article is devoted to the analysis of the violation of environmental human rights in Ukraine during the period of martial law from February 24, 2022 (using the example of the blowing up of the Kakhovska HPP (Kakhovska Hydro Power Plant) dam on June 6, 2023). Environmental rights include human rights to a safe ecological environment, that is, the right to a clean environment, fresh air, unpolluted land, good-quality water, high-quality, safe and harmless food products, unpolluted household items. In Ukraine, environmental rights are recognized and enshrined in the 1996 Constitution.
 It is noted that once a full-scale invasion begins, environmental hazards increase, and the damage done to Ukraine becomes much more obvious.
 It has been investigated that on June 6, 2023, around 02:50, a global environmental disaster occurred in Ukraine - the explosion of the Kakhovska HPP dam. The Kakhov reservoir began to lose water rapidly. Downstream of the Dnieper, settlements began to be flooded, including Kherson. The Kakhov disaster has all the signs of an ecological disaster.
 It has been proven that the consequences of the terrorist attack turned out to be worse than predicted. The undermining of the Kakhovska HPP dam caused serious environmental consequences, which have not fully manifested themselves yet. The rights to a safe ecological environment, guaranteed by the Constitution of Ukraine and the Principles of Environmental Protection during Armed Conflicts, developed by the UN International Law Commission in 2022, have been violated.
 It has been established that environmental disasters of this scale usually cannot be limited territorially, they negatively affect changes in ecosystems, which causes climate changes in the region. Therefore, the consequences of the Kakhov disaster are felt by themselves and with a high probability will be felt by other states in the future. The international community should join forces to ensure compensation for the damage caused to the environment, and take all permissible legal measures aimed at stopping the violation of environmental rights, as well as restoring the violated rights.
 The authors are of the opinion that the protection of environmental human rights in Ukraine will remain problematic for the next decades after the end of hostilities and the abolition of martial law.