Tag: war

(UA) Ukraine Brings First-Ever War Crimes Case to Court for Harm to a Natural Reserve

https://globalrightscompliance.org/ukraine-brings-first-ever-war-crimes-case-to-court-for-harm-to-a-natural-reserve/

The first war-related environmental crime against a natural reserve has been formally brought before a court by Ukrainian Prosecutors. Kherson prosecutors have filed an indictment against the Russia-appointed head of the Askania-Nova Biosphere Reserve for the illegal transfer of rare and specially protected animals to Russia. A total of seven reserve-protected animals were removed from the Ukrainian territory as a result of the illegal transfer. This case sets a global precedent, demonstrating that crimes committed against the environment during war will not go unpunished.

The Specialised Environmental Prosecutor’s Unit of the Prosecutor General’s Office and Kherson Regional Prosecutor’s Office, with the support of Global Rights Compliance’s Environmental Mobile Justice Team, began conducting an investigation into the case. Following the Russian occupation of Askania-Nova, a UNESCO-protected biosphere reserve, the reserve was unlawfully re-registered under Russian law and the legitimate Ukrainian administration was replaced. On 1 December 2023, the new administration illegally transferred rare and endangered animals (which remain Ukrainian property despite the illegal re-registration) to Russian-controlled zoos without Ukraine’s consent. Among the animals at issue were Chapman’s zebras, American bison, Przewalski’s horses, and one David’s deer, the last of which died during the transfer.

Under international humanitarian law, Russia, as an occupying power, must respect Ukrainian legislation, including Askania-Nova’s protected status. Article 55 of the 1907 Hague Regulations allows an occupier to act only as a temporary administrator of property, not an owner. Additionally, Article 56 prohibits the destruction or seizure of institutions dedicated to the arts and sciences, granting Askania-Nova special protection.

The war crime of pillage is not just about looting artefacts or property belonging to civilians—it extends to Ukraine’s natural treasures as well. The unlawful transfer of these protected animals is a direct violation of international humanitarian law and must be prosecuted,” said Nataliia Pavlovych, Legal Adviser and Deputy Team Lead of the Environment MJT at Global Rights Compliance.

The suspect in this case is Dmytro Mesheryakov, the Russia-appointed head of Askania-Nova, who is responsible for organising the transfer of protected animals in violation of international law.

While war crimes such as pillage and destruction of cultural heritage have been prosecuted before national courts and international tribunals, this is the first time criminal charges stemming   solely from war-related environmental damage to a natural reserve have been brought to court. Ukraine’s legal action, supported by GRC’s legal team, sends a strong signal that environmental destruction will be treated with the same gravity as other war crimes.

“By initiating these proceedings, prosecutors are both beginning to fill this void and sending the message that harm committed to the environment during wartime will no longer go unpunished.  They are at the forefront of developing precedent in this area of the law,” added Donna Cline, Lead of the Environment MJT, at Global Rights Compliance.

GRC’s Mobile Justice Team is a part of the Atrocity Crimes Advisory (ACA) Group for Ukraine. The ACA is a multilateral initiative established by the United States, the European Union, and the United Kingdom to support and assist Ukrainian law enforcement and prosecutors in investigating and prosecuting international crimes committed during the full-scale war.