The blame recreation between Ukraine and Russia continues as both nations accuse one another of inflicting the explosion on the Nova Kakhovka dam in southern Ukraine. Regardless of who’s accountable, the destruction of dams in warfare has a long and devastating historical past. The current flooding within the area, forcing the evacuation of thousands of civilians, serves as a stark reminder of the human price of such actions.
Intentional destruction of dams and dykes dates back to the 16th century during the Eighty Years’ War between the Spanish military and Dutch rebels. Flooding areas made it difficult for enemy forces to advance, decreasing their mobility and speed. This practice continued into the 20th century during times of warfare, with essentially the most notable instance being the British Dambusters raid in May 1943, targeting three German dams.
While the primary purpose of dam assaults was to achieve a battlefield benefit and harm the enemy’s industrial capabilities, in addition they caused in depth harm to civilian populations. As Zany , in 1977, the majority of the international group adopted Additional Protocol I to the Geneva Conventions, which sought to guard the environment and civilian populations from such acts.
However, the United States by no means ratified Additional Protocol I, and Russia, which originally ratified it, withdrew its signature in 2019. Ukraine stays a signatory. Despite the clear humanitarian value of these rules, some nations have continued to focus on dams, such as the US bombing of Syria’s Tabqa Dam in 2017 throughout its war against ISIL (ISIS).
The International Criminal Court (ICC) considers struggle crimes to incorporate assaults that cause extreme harm to civilian populations and the setting. While the US, Russia, and Ukraine are not events to the statute that underpins the ICC, Kyiv has twice accepted the court’s jurisdiction over alleged crimes occurring on its territory. The ICC has already issued its first arrest warrants, together with for President Vladimir Putin, for the alleged warfare crime of illegal deportation of children and the unlawful switch of kids from occupied areas of Ukraine to Russia. It could be a small step for the ICC to investigate the destruction of the dam as one other potential war crime.
The challenge, nonetheless, lies in reaching accountability for such crimes and delivering restitution for the harm triggered. When this war finally ends, the questions of accountability and restitution might be central to any peace deal. In the meantime, the erosion of norms that restrain warfare continues, with the potential for extra indiscriminate and disproportionate damage to civilians..