Environmental crises caused by climate change and wars pose a challenge to the law: Is it capable of responding to the destruction of ecosystems, the consequences of which will be felt for generations to come?

Anthropocentric mechanisms for the protection of human rights and international humanitarian law reveal normative limitations: the high threshold of Article 8(2)(b)(iv) of the Rome Statute leaves cases of catastrophic environmental impact unaccounted for, and in peacetime, transboundary harm is limited to civil compensation.

In September 2024, Vanuatu, Fiji, and Samoa submitted an amendment to the Rome Statute to recognize ecocide as the fifth international crime. At the same time, Directive (EU) 2024/1203 introduced a specific offense described in its preamble as “comparable to ecocide,” with a transposition deadline of May 21, 2026.

Ukraine is at the epicenter of this transformation: the application of Article 441 of the Criminal Code of Ukraine, the documentation of the consequences of the bombing of the Kakhovka Hydroelectric Power Plant, soil and water contamination, the laying of landmines, and the work of the Register of Damages are shaping a body of practice capable of influencing global approaches to environmental justice.

The main purpose of the panel
To bring together Ukrainian and international scholars, practitioners, representatives of the judiciary, and non-governmental organizations to assess the prospects for criminalizing ecocide, develop recommendations for harmonizing national, European, and international environmental law, and unite the legal community in advocating for environmental justice.

Key topics for discussion:
– The Evolution of the Concept of Ecocide: From Anthropocentric Protection to the Recognition of the Intrinsic Value of Ecosystems.
– The Rome Statute and the Pacific States Amendment: the criteria of “serious, widespread, and long-lasting harm” and the challenges of implementation.
– The European dimension: a qualified offense under Article 3(3) of Directive (EU) 2024/1203 or an autonomous offense of ecocide—what models of criminalization are being discussed for Ukraine, and how do they relate to Article 441 of the Criminal Code?
– Article 441 of the Criminal Code of Ukraine in Practice: Proving Intent, Assessing Cumulative and Long-Term Damage, Satellite Monitoring, and Documenting Damage During Wartime.
– Mechanisms for reparations, ecosystem restoration, and the accountability of corporate and government entities.

Expected Results
Recommendations for improving Article 441 of the Criminal Code of Ukraine; an analytical note on Ukraine’s position regarding the amendment on ecocide; a collection of panel materials; and expanded cooperation between Ukrainian and European institutions.

Support Program
The event will be accompanied by the art project “Ecocide,” which illustrates the scale of the losses and engages the public in a dialogue about the future of nature and justice.

The panel was organized by the Center for Sustainable Development and Environmental Protection with support from FORMAS (the Swedish Research Council for Sustainable Development), grant No. 2024-00299, and as part of the RE-GREEN project (Advancing European Green Deal Implementation in Ukraine, 101176210), funded by the EU’s Erasmus+ program.