LEGAL SECURITY OF ENVIRONMENTAL SAFETY IN THE CONDITIONS OF ARMED CONFLICTS

Authors

  • DARYA HROZA 5-year student of the Faculty of Prosecutor’s Office of the Yaroslav Mudryi National Law University , студентка 5 курсу, факультету прокуратури Національного юридичного університету імені Ярослава Мудрого
  • OLENA MALOHLIB PhD in Law, Assistant Professor at the Department of Environmental Law of the Yaroslav Mudryi National Law University , кандидатка юридичних наук, асистентка кафедри екологічного права Національного юридичного Університету імені Ярослава Мудрого https://orcid.org/0000-0003-3081-8076 (unauthenticated)

DOI:

https://doi.org/10.37772/2518-1718-2025-1(49)-17

Keywords:

environmental security, armed conflicts, environment, environmental damage

Abstract

Problem setting. Armed conflicts are one of the most serious problems of humanity, causing harm not only to the peoples concerned, but also to the environment. Military actions have a serious and long-term impact on the environment, they lead to large-scale destruction of ecosystems, pollution of atmospheric air, water resources, soils, loss of biodiversity, etc. The use of chemical, biological, nuclear and other weapons in modern wars only exacerbates this negative impact. Such changes are serious challenges for sustainable development, because the environmental consequences of armed conflicts affect not only regional ecosystems, but also global ecological processes. Given the international documents that regulate environmental protection during military conflicts, the relevance of this problem is growing. The environmental consequences of military actions are often ignored, since the main focus is on humanitarian losses. Purpose of the research is to study the legal support for environmental security in armed conflicts. Analysis of recent researches and publications. The issues of legal support for environmental security in armed conflicts are addressed in the works of such scholars as G. Balyuk, A. Bouvier, A. Collins, M. Medvedev, J. Pugh, V. Strelnik, K. Halm, E. Hesam, O. Shompol, etc. In modern conditions, this issue is becoming particularly relevant. Article’s main body. The article examines the problem of legal provision of environmental security in conditions of armed conflicts, as military actions have a serious and long-term impact on the environment, they lead to large-scale destruction of ecosystems, pollution of atmospheric air, water resources, soils, loss of biodiversity, etc. Such changes are serious challenges for sustainable development, since the environmental consequences of armed conflicts affect not only regional ecosystems, but also global ecological processes. Attention is paid to the evolution of environmental thought over the past thirty years, in particular the impact of military conflicts on the environment and the consequences they leave. The importance of international legal acts, such as Additional Protocol I to the 1949 Geneva Conventions and the ENMOD Convention, which establish restrictions on the means and methods of warfare to avoid excessive pollution and destruction of natural ecosystems, is emphasized. Conclusions and prospects for development. The article highlights important aspects of environmental protection during military operations. It helps to understand how existing legislation can be applied to minimize environmental damage, and also points out gaps that need to be improved. In addition, the article emphasizes the need for international cooperation and exchange of experience in this area, which is important for the development of effective environmental protection strategies. This makes it a valuable resource for scientists, policymakers and practitioners working on environmental security issues.

References

Kachuriner, V. L. (2022). The impact of armed conflicts on the state of environmental security and the environment. Almanac of International Law, 28, 52–59. [in Ukrainian].

Nadezhdenko, A. O. (2011). Theoretical approaches to defining the concept of “environmental policy.” State and Regions, 1, 84–87. [in Ukrainian].

Artyukh-Pasyuta, O. V., & Milka, A. I. (2021). Theoretical aspects of defining enterprise environmental security. Economy and Society, 25. Retrieved from https://economyandsociety.in.ua/index.php/journal/article/view/260/248 [in Ukrainian].

On the Protection of the Natural Environment: Law of Ukraine No. 1268-XII (1991, June 26). Retrieved from https://zakon.rada.gov.ua/laws/show/1264-12#Text (accessed November 10, 2024). [in Ukrainian].

Fedorova, L. (2023). Lorina Fedorova on a new study of the impact of war on soils. Retrieved from https://armyinform.com.ua/2023/03/15/lorina-fedorova-pro-nove-doslidzhennya-shhodo-vplyvu-vijny-na-grunty/ [in Ukrainian].

Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the protection of victims of international armed conflicts, of June 8, 1977: International Document (1977, June 8). Retrieved from https://zakon.rada.gov.ua/laws/show/995_199#Text

Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques: International Document dated December 10, 1976, No. 2692. Retrieved from https://ips.ligazakon.net/document/MU77K02U

Russian-Ukrainian war: Impact on the environment. Ministry of Environmental Protection and Natural Resources of Ukraine. Retrieved from https://www.topleadprojects.com/ukrainian-war-in-ua-environment-2024 (accessed November 20, 2024). [in Ukrainian].

On the Approval of the Procedure for Determining Damages and Losses Caused to Ukraine as a Result of the Armed Aggression of the Russian Federation: Resolution of the Cabinet of Ministers of Ukraine No. 326 (2022, March 20). Retrieved from https://zakon.rada.gov.ua/laws/show/326-2022-%D0%BF#Text [in Ukrainian].

On the Approval of the Methodology for Determining the Damage Caused to Land and Soil as a Result of Emergencies and/or Armed Aggression and Hostilities During Martial Law: Order of the Ministry of Environmental Protection and Natural Resources of Ukraine No. 167 dated April 4, 2022. Retrieved from https://zakon.rada.gov.ua/laws/show/z0406-22#Text [in Ukrainian].

On the Approval of the Methodology for Calculating Unorganized Emissions of Pollutants or Mixtures of Such Substances into the Atmosphere as a Result of Emergencies and/or During Martial Law and Determining the Amount of Damage Caused: Order of the Ministry of Environmental Protection and Natural Resources of Ukraine No. 175 (2022, April 13). Retrieved from https://zakon.rada.gov.ua/laws/show/z0433-22#Text [in Ukrainian].

On the Approval of the Methodology for Determining Damages Caused by Pollution and/or Littering of Water, Unauthorized Use of Water Resources: Order of the Ministry of Environmental Protection and Natural Resources of Ukraine No. 252 (2022, July 21). Retrieved from https://zakon.rada.gov.ua/laws/show/z0900-22#Text [in Ukrainian].

On the Approval of the Methodology for Determining Damage and Losses Caused to Forests as a Result of the Armed Aggression of the Russian Federation: Order of the Ministry of Environmental Protection and Natural Resources of Ukraine No. 414 (2022, October 5). Retrieved from https://zakon.rada.gov.ua/laws/show/z1308-22#Text [in Ukrainian].

Herasymchuk, L. O. (2023). The impact of military actions on the environment. Natural and Humanitarian Sciences: Current Issues: Proceedings of the VI International Student Scientific and Technical Conference (pp. 270–271). Retrieved from https://elartu.tntu.edu.ua/bitstream/lib/41317/2/270-271.pdf [in Ukrainian].

Published

2025-06-19