EU Project Pravo-Justice together with Partners Organised a Training in Poland on Environmental War Crimes

From 30 September to 4 of October 2024, the EU Project Pravo-Justice in cooperation with the Office of the Prosecutor General, International Bar Association and International Criminal Justice Initiative (ICJI) at Georgetown Law co-organized Specialized Environmental War Crimes Training for judges, prosecutors and investigators. Training took place in in Rzeszow, Poland.

The training comprised of a combination of lectures and breakout sessions, where participants had a possibility to discuss such issues as:

• Impact of war on the environment;
• International instruments and best practices of domestic prosecution methods for environmental war crimes;
• Specificities of evidence collection, curation, and presentation, in war crimes related to environment cases;
• Specificity of the application of an ecocide article of the Criminal Code if Ukraine;
• Destruction of water infrastructure and the protected natural environment sites, and countering legal defences.

Participants had an opportunity to put in context above issues while discussion Ukraine specific case-studies.

As articulated by Svitlana Yakovleva a judge of the Criminal Cassation Court within the Supreme Court: "Judiciary is playing a key role in ensuring justice. The primary responsibility for dealing with war crimes rests with the Ukrainian courts. Therefore, the opportunity to enhance our understanding of national and international judicial practices concerning environmental war crimes is of paramount importance. Engaging in identifying underline challenges of such proceedings within the Ukrainian context is essential not only for ensuring fair and effective adjudication of such cases but also for holding perpetrators accountable and facilitating the provision of compensation for the damages incurred."

Maksym Popov advisor to the Prosecutor General stressed that: "Russian aggression has unleashed a wave of atrocity crimes, with the environment regrettably falling victim to these transgressions as well. Building strong cases related to war crimes against the environment and ecocide necessitates not only meticulous effort but also an informed understanding of past experiences and missteps in other contexts. Therefore, the Office of the Prosecutor General is committed to enhancing the capacities and skills of prosecutors, while exposing them to established practices in the adjudication of environmental war crimes. This approach will ensure swift, comprehensive, and effective case-building and prosecution. We extend our gratitude to our international partners, particularly the EU Project Pravo-Justice, for their ongoing support in this endeavour."

Tinna Goletiani – Senior International Expert of the Project, on her behalf emphasized that "there exists a notable deficiency in the practice of prosecuting environmental war crimes. While international law may not consistently keep pace with state actions, it is ultimately the responsibility of states to develop and shape this legal framework and practice. Therefore, it falls to Ukraine to devise appropriate responses to the pressing challenges at hand. Our project actively promotes the exchange of best practices by engaging with leading international expertise. We remain steadfast in our commitment to assist Ukraine in navigating the complexities of legal paradigms and implementing effective solutions, thereby ensuring accountability for core international crimes."