Enero-Junio 2024

Vol. 14 No. 1

Interacción y Perspectiva. Revista de Trabajo Social Vol. 14 N

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Interacción y Perspectiva Dep. Legal pp 201002Z43506

Revista de Trabajo Social ISSN 2244-808X

Vol. 14 N

enero-junio

ARTÍCULO DE INVESTIGACIÓN

Impacto social de la regulación jurídica internacional de la seguridad

medioambiental durante los conflictos armados

DOI: 10.5281/zenodo.10436585

Juliia Krasnova*, Viktor Ladychenko**, Oleksandr Makarenko***, Serhii Kidalov**** y

Stanislav Yankovskyi*****

Resumen

El objetivo del artículo es analizar los documentos jurídicos internacionales sobre la

posibilidad de su aplicación con el fin de garantizar la seguridad ambiental y la seguridad

social, principalmente la vida y la salud humana, durante los conflictos armados. Para

lograr este propósito se utilizaron métodos de investigación científica generales y

especiales, en particular métodos histórico-jurídicos, dialécticos, sistemáticos y jurídicos

comparados. La guerra es el fenómeno más terrible de las relaciones humanas y tiene

una enorme influencia social. Las razones de su aparición son bastante diversas: es una

reacción a los insultos y el deseo de gobernar a otros pueblos, el deseo de arrebatar

valiosos recursos naturales en los que otro país es rico, etc. Pero cualquiera que sea la

causa de la guerra, no justifica las consecuencias devastadoras que trae la matanza de

un gran número de personas, la destrucción de propiedades, infraestructuras, economías

y el medio ambiente de los países. Sin embargo, sabiendo y comprendiendo todo esto,

la sociedad no saca conclusiones, sino que crea cada vez más conflictos. Se concluye

que garantizar la seguridad ambiental durante los conflictos armados tiene un impacto

social a través de la protección de la salud y la vida humanas. Las principales

disposiciones y resultados del artículo se formulan sobre la base del análisis de las

normas de la legislación nacional e internacional.

Palabras clave: impacto social, seguridad ambiental, daños ambientales, protección

ambiental durante conflictos armados.

Abstract

Social impact of international legal regulation of environmental safety during

armed conflicts

The purpose of the article is to analyze international legal documents regarding the

possibility of their application for the purpose of insuring environmental safety and social

safety, mainly human life and health, during armed conflict. To achieve this purpose,

general and special scientific research methods were used, in particular historical-legal,

dialectical, systematic, comparative legal methods. War is the most terrible phenomenon

in human relations, which has huge social influence. The reasons for its occurrence are

quite diverse - it is a reaction to insults, and the desire to rule over other peoples, the

desire to take away valuable natural resources that another country is rich in, etc. But

Krasnova, Ladychenko et al/ Impacto social de la regulación jurídica internacional de la seguridad 
medioambiental durante los conflictos armados 
182 
 
whatever the cause of the war, it does not justify the devastating consequences it brings 
-  the  killing  of a  large  number  of  people,  the  destruction  of  property,  infrastructure, 
economies and the environment of countries. However, knowing and understanding all 
this,  society  does  not  draw  conclusions,  but  creates  new  and  new  conflicts. Insuring 
environmental safety during armed  conflicts have social impact  through protection of 
human  health  and  human  life.  The  main  provisions  and  results  of  the  article  are 
formulated  on  the  basis  of  the  analysis  of  the  norms  of  international  and  national 
legislation. 
 
Keywords: social impact, social rights, environmental safety, environmental damage, 
environmental protection during armed conflict. 
 
  Recibido: 04/06/23 Aceptado: 22/07/2023 
*State  Organization  “V.  Mamutov  Institute  of  Economic  and  Legal  Research  of  the  National  Academy  of 
Sciences of Ukraine” E-mail: krasnova_yulya@ukr.net  ORCID iD: https://orcid.org/0000-0001-7898-9603     
**National  University  of  Life  and  Environmental  Sciences  of  Ukraine,  Kyiv,  Ukraine.  E-mail: 
ndi_land_law@ukr.net  ORCID iD: https://orcid.org/0000-0003-2929-1959   
***Donetsk  State  University of  Internal  Affairs,  Kryvyi Rih,  Ukraine.  E-mail:  a.y.makarenko@gmail.com  . 
ORCID iD: https://orcid.org/0000-0002-3020-0658   
****National  University  of  Life  and  Environmental  Sciences  of  Ukraine,  Kyiv,  Ukraine.  E-mail: 
kidalov_s@nubip.edu.ua . ORCID iD: https://orcid.org/0000-0001-5743-6655   
*****National  University  of  Life  and  Environmental  Sciences  of  Ukraine,  Kyiv,  Ukraine.  E-mail:  
stanyanko7@gmail.com  . ORCID iD: https://orcid.org/0009-0006-5082-8158 
 
1.- Introduction 
  Take, for example, the Russian Federation, the history of which shows that the entire 
time  of  its  existence  has  been  accompanied  by  various  wars.  In  particular,  only  the 
period from the beginning of the 90s to the present includes the war with Georgia, as a 
result of which Abkhazia was annexed, the Transnistrian conflict, the Chechen wars, the 
war in Dagestan, another war with Georgia in 2008, the armed conflict in the Northern 
Caucasus, Russia's intervention in Syria and the Russian-Ukrainian war, which has been 
going on since 2014 until now. All of them are connected by one thing - Russia's desire 
to dominate the territories of its neighboring countries and the forceful imposition of the 
idea of restoring the Soviet Union. 
 
  And how much damage was caused to the affected countries? And how it affected 
the social sphere including human life and health? Thus, during the Russian-Ukrainian 
war, the economy of Ukraine has already suffered losses in the amount of about 600 
billion  dollars.  This  includes  the  destruction  of  the  housing  stock,  the  destruction  of 
enterprises, plants and factories, retail outlets, the destruction or damage of transport 
infrastructure and vehicles, etc. (Financial club, 2023). And according to the calculations 
of  the  Ministry  of  Environmental  Protection  and  Natural  Resources  of  Ukraine,  the 
amount of damage caused by the Russian attack, as of June 3, 2022, exceeds UAH 200 
billion (Damage, 2023). 
 
  This includes the seizure of all hydrotechnical structures of the North Crimean Canal, 
which regulated the water supply of water from the Kakhovsky Reservoir of the lower 
basin of the Dnipro River to the Crimean Peninsula and its partial depressurization; and 

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the seizure of two nuclear power plants, one of which is under the control of the

occupiers; and flooding of mines in Donetsk and Luhansk regions; destruction of a

significant number of environmentally hazardous industrial facilities; mining of natural

and agricultural landscapes; mass cutting and burning of forest and agricultural lands

(All damage, 2023); extermination and theft of grain crops; killing animals; destruction

of living aquatic bioresources (Tens of thousands, 2023); intimidation in the use of

nuclear weapons (Golovko, 2017; Dubchak, 2020; Gulac, 2019; Zicha, 2021;

Vashchenko, 2021) etc.

According to the Ministry of Environmental Protection and Natural Resources of

Ukraine, as of May 11, 2022, the Russian Federation committed 231 environmental

crimes on the territory of Ukraine and in the Black Sea. The largest number of cases of

ecocide were found in Kyiv region - 34, Donetsk region - 27 and Dnipropetrovsk region

- 22. Atmospheric air pollution is also impressive, when during the half year of the war

in Ukraine in 2022, emissions of toxic substances into the atmosphere amounted to 46

million tons, in contrast to 2021, in which about 2 tons of such substances were released

for the whole year (Melnyk, 2023; Golovko, 2023).

Given that the topic of damage caused by Russian aggression is extremely broad,

the purpose of this article will be a legal analysis of the environmental and social risks

of Russian military aggression and the environmental and social damage caused by

them, as well as options for its compensation.

2.- The aim of the study, Materials and methods

The purpose of this scientific article is to analyze international legal documents

regarding the possibility of their application for the purpose of insuring social and

environmental safety during armed conflict.

It should be noted that the raised topic is not new either for science or for

practice. Scientists from all branches of science – social, military, environmental,

medical, technical, technological, economic, historical, legal, etc. - are dealing with these

problems for many years. Especially active - starting from the second half of the 20th

century.

Souchen Alex explores a number of social and environmental issues caused by

military conflicts, including: the impact of underwater munitions on the marine

environment, and the environmental histories of the First World War (Souchen, 2021),

Cymie R. Payne analyzed the peculiarities of legal responsibility for damage to

the environment and social sphere including human life and health and the role of the

UN Compensation Commission during the Persian Gulf War in 1990-1991 in solving this

issue; bringing international responsibility for environmental crimes caused by the

military conflict between Iraq and Kuwait (Cymie, 2017).

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Arie Afriansyah, investigated the issue of responsibility of states for

environmental damage and human life and health during international military conflict

Post the UNCC (Afriansyah, 2013).

The methodological basis of the research is a set of methods and techniques of

scientific knowledge, which made it possible to carry out a comprehensive and objective

analysis of its subject. In the course of the research, philosophical and worldview,

general scientific and special scientific methods were used.

The application of the dialectical method made it possible to investigate the

development trends of international legal regulation of social and environmental security

during armed conflicts in its relationship with political, technical, social and legal factors

of the development of society. The formal-logical method contributed to the definition of

system-forming concepts of international legal regulation of social and environmental

security during armed conflicts, such as: "environmental security during armed

conflicts", "social risks of armed conflicts", "ecological risks of armed conflicts", "legal

provision of environmental security during armed conflicts", "compensation for

environmental damage caused by military aggression". The method of analysis was

applied in the study of scientific works of legal scientists on the topic of research, as well

as in the establishment of conflicts and gaps in normative legal acts regulating relations

in the field of international legal regulation of social and environmental security during

armed conflicts. The synthesis method helped to identify the main areas of international

legal regulation of social and environmental security during armed conflicts, to clarify

their content and essence. The application of the system-structural method made it

possible to investigate the mechanism of international legal regulation of environmental

security during armed conflicts and to reveal its structure and content.

The historical-legal method is the basis of the study of the process of formation

at the international level of norms and relations to ensure social and environmental

safety during armed conflicts. The formal legal method contributed to clarifying the

content of the legal norms of the relevant legislation and developing proposals for its

improvement.

3.Results and Discussion

Issues of legal protection of social and environmental security at the

international and national levels are not new for modern society. A lot of attention is

paid to them both in international documents and in national legislation, as well as in

environmental and legal literature.

Today, the issues of legal protection of social and environmental safety extend to

various spheres of social activity that pose a danger to the environment: industry,

transport, agriculture, etc. Among these types of activity, military activity can be

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distinguished (Article 58 of the Law of Ukraine "On Protection of the Natural

Environment").

However, one should pay attention to the fact that the provisions of the mentioned

article mainly refer to the activity of stationary military and defense facilities, as well as

the deployment of military units, the conduct of military exercises, maneuvers, the

movement of troops and military equipment, which includes rather after all, the issue of

legal provision of social and environmental safety in peacetime, not wartime.

How to be in a situation when a war started by a neighboring aggressor country

has been going on in the country for almost 10 years? What legal mechanisms should

be included for post-war prosecution of war crimes against environmental security?

We believe that, first of all, legislation and science should put an end to approaches

to defining the concept of social and environmental safety and its limits - whether it is a

set of legal means and methods that ensure the safe existence of a person in the

environment, or whether it is a set of such legal means and methods, which ensure the

safety of the natural resources and objects themselves, and hence the environmental

safety of man? Secondly, there is a need to analyze the international experience of legal

regulation of social and environmental security in wartime and legal mechanisms for

compensation of social and environmental damage caused by military aggression.

Solving these issues will make it possible to determine the effectiveness of legal

measures taken in this area.

The existence of humanity is conditioned by material, biological (physiological)

and spiritual (aesthetic) needs, which were satisfied by the use of natural resources,

the preservation of natural components and the protection of a person from an

adverse environment. For millennia, mankind has sought to live in harmony with

nature, so for a long time the needs for using natural resources were minimal and

limited to food and clothing. At the same time, the harmonious coexistence of

humanity with nature largely depended on the understanding of the laws of nature,

their manifestation and influence on the state of existence of the material world.

After all, тature itself constantly contains a whole series of dangers associated

with natural processes of space (the fall of a large space body, solar and cosmic

radiation), lithospheric (earthquakes, volcanic eruptions, landslides, mountain

collapses, rock emissions, karst sinkholes, soil erosion, etc.), hydrospheric

(tsunamis, floods, snow avalanches, ice jams, storms, etc.), atmospheric

(hurricanes, downpours, hail, fog, lightning, ice, etc.), biospheric (dangerous plants,

animals, fish, insects, fungi, bacteria, viruses) nature or several processes at the

same time and which, continuously changing, develop in the natural environment

under the influence of solar and internal energy of the Earth and which occur

independently of human participation.

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Therefore, the adaptation of mankind to dangerous natural living conditions

became the basis of its existence and impacts social life. Therefore, on the basis of

social ideas and beliefs existing throughout the history of human development

(Lukyantsev, 2002), religious ideas, philosophical and scientific concepts the security

nature of the relationship between man and nature began to be reflected, depending

on how a person observes the laws of nature, which are equated with the laws of

God.

During the periods of social development, humanity passed the so-called

collecting-appropriating, production-productive and innovative-constructivist types

of nature use, within which there was a gradual negative impact on nature and its

resources due to the increase in population, needs for certain natural resources,

production waste, which required the transfer of various natural resources into

ownership or use. Therefore, legal requirements regarding the protection of air,

water, land, and public places from pollution arise objectively and became the basis

for the formation of sanitary legislation, and later - environmental and social

legislation (Malyshko, 1982).

Analyzing the international situation at that time, we can say that the main

prerequisite for the introduction of an environmental component into the content of

national security was the liquidation of the US nuclear monopoly in the early 1950s

and the nuclear missile parity between the USSR and the USA in the 1970s. With its

establishment came the era of military detente, during which agreements were

concluded between the USSR and the USA on measures to reduce the danger of

nuclear war (1971), the Treaty on Anti-Missile Defense (1972), the Treaty on the

Prevention of Nuclear War (1973 ) and other (Turaev, 2002).

The shift towards an expanded interpretation of the concept of US national

security took place in 1974 after General M. Taylor published the publication

"Legitimate Requirements of National Security", where the author first emphasized

that the main threats to US national security are developing in the non-military

sphere. Three years later, the president of the World Dotch Institute, L. Brown, in

the article "Reviewing the Definition of National Security" singled out among the most

important threats of a non-military nature environmental threats (soil erosion,

reduction of forest areas and climate change) (Shmandiy, 2013).

In the same period, under the leadership of the American scientist D. Meadows,

a number of scientific studies were conducted, which revealed the fact that the

excessive use of non-renewable natural resources on earth by the existing

technologies of extraction and processing, as well as the speed of their consumption,

will lead to their depletion already at the beginning 21st century, and therefore to

new military conflicts

(Meadows, 1972).

This scientific approach drew attention to environmental problems of politicians

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and the public as a whole, including at the international level (Chapter 11 "Peace,

Security, Development and Environment" of the report of the International

Commission on Environment and Development "Our Common Future"), as a result of

which it was pointed out: the growing shortage of natural resources due to their

irrational use; aggravation of food insecurity as a result of a decrease in the quantity

and quality of food products, which directly depends on the quality of the environment

in which they are grown and produced; climate change as a result of excessive

technogenic load on the environment and its impact on Arctic and Antarctic glaciers;

excessive mining and waste generation; pollution of lands, waters of the World Ocean

and atmosphere; disappearance and depletion of biological resources; use of GMOs;

emergence of military conflicts over natural resources, etc.

Thus, the publication of a number of scientific articles, as well as the results of

numerous discussions led to the inclusion of environmental security issues in the

concept of US national security. Accordingly, this required the creation of a state

system of environmental security, which guarantees the protection of people and the

environment from anthropogenic factors.

The main arguments that formed the basis in favor of raising the status of

environmental security to the level of higher national interests include: 1) the global

environmental crisis, associated with the increase in loads on the life-support systems

and reproductive natural resources of the planet, with the degradation of the

environment and the undermining of the stability of the biosphere, is as serious a

threat as traditional threats of a military nature; 2) the environmental crisis threatens

not only the dignified human existence, but also life itself; 3) for the state, the

environmental crisis is associated with a reduction in the freedom of political choice,

which is due to the cross-border nature of environmental problems; 4) the

aggravation of the ecological situation in various regions of the world is the cause of

social and political instability, interstate contradictions and violent conflicts. It was

these positions that forced to more clearly define the object of non-force threats and

the non-military goal of the national security strategy, such as the possibility of

improving the quality of life of the population, which is achieved by ecologically

sustainable development (Shmandiy, 2013).

In this connection, the issues of ecological security of humanity become the

most important part of the agendas of international forums. In 1970, a special

international UNESCO program "Man and the Biosphere" was adopted; in 1972,

representatives of 113 countries at the First World Meeting on Environmental

Problems (Stockholm) defined the priority goal of humanity as "Protection and

improvement of the state of the environment for current and future generations". In

1972, the UN Environment and Development Program (UNEP) was founded, etc.

Instead, a number of industrial accidents of the second half of the 20th century.

forced the formation of a new direction of environmental relations at the international

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level - industrial safety. Such accidents were, in particular, accidents in 1976 in the

Italian city of Seveso, where a cloud of dioxin was released; nuclear accident on

Three Mile Island in the USA in 1979; in 1984 in the city of Bhopal (India), where as

a result of an accident at a chemical plant, a large number of people died and damage

to the surrounding natural environment was caused over long distances; in 1986 at

the Chernobyl nuclear power plant, the disaster at which gained international

attention.

In this regard, at the international level, the question of the expediency of

normative and legal regulation of environmental safety issues was raised. In

particular, in the relevant decision of the UN General Assembly ща January 1, 1982,

through the adoption of the World Charter of Nature, paragraph 11 of which states

that activities that can have a negative impact on nature should be controlled, and

that technology should be used that can reduce the size of the danger or other

harmful consequences for nature.

At the European level, Directive 82/501/EEC of June 24, 1982 on the threat of

major accidents involving dangerous substances (Seveso) is currently being adopted,

which provided for strict measures to control the activities of industrial enterprises

and which became the basis for the adoption in 1992 year of the Convention on the

Transboundary Impact of Industrial Accidents, which provides for a system of

measures for the safe operation of enterprises with the aim of "preventing significant

harmful effects of industrial accidents on people and the environment."

In the same period, at the meeting of the Permanent Consultative Committee

of the member countries of the Warsaw Pact Organization (1987, May), the countries

of the socialist camp put forward the basic provisions of the concept of international

environmental security as a component of the comprehensive system of international

security, which were formulated in the Communiqué of the Berlin Conference. The

relationship between environmental and international security is convincingly shown

in the article by M.S. Gorbachev "Reality and guarantees of safe peace" (Gorbachev,

1987).

Positive trends in the field of international environmental security were also

confirmed in the Memorandum of Socialist Countries distributed at the 42nd session

of the UN General Assembly, as well as in the draft resolution "International

Environmental Security" (October 30, 1987), presented at the session by the

delegations of Czechoslovakia and Ukrainian SSR (International environmental

security: draft resolution, 1987).

The concept of international environmental security received further

development at the Meeting of the Political Consultative Committee of the Warsaw

Pact states (Warsaw, 1988, June).

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At this meeting, an important document on ensuring environmental security

was adopted: "Consequences of the arms race for the environment and other aspects

of environmental security" (Consequences of the disarmament race for the

environment, 1987), which defines the basics of the concept of international

environmental safety, designed to contribute to the sustainable and safe

development of all states and the creation of favorable conditions for the life of every

nation and every person. It is also important to note the program of urgent actions

to ensure environmental security based on open international cooperation developed

by the Warsaw Pact states, which serves as an example of new environmental

thinking in international politics.

At the same time, environmental safety received a double meaning of its

definition. On the one hand, environmental safety is, in fact, a favorable state of the

environment, which is ensured by general environmental protection measures aimed

at all subjects of modern society. On the other hand, it is the absence of the risk of

dangerous situations at industrial and other enterprises, during the implementation

of certain types of activities that threaten the destruction of ecosystems, causing

significant property and environmental damage and, of course, which are dangerous

for human life and health.

Such trends in the development of international law also influenced the

formation of the legal category "environmental safety" at the domestic level, which

also received a double interpretation. Thus, on the territory of modern Ukraine, the

term "ecological safety" was used for the first time in the resolution of the Central

Committee of the CPSU and the Council of Ministers of the USSR "On the radical

restructuring of nature protection in the country" of January 7, 1988 (On the

fundamental restructuring of nature protection, 1988), in which, in particular, it was

emphasized that "issues of nature protection are of great social importance, political

and organizational lethargy, lack of initiative of state administration bodies,

enterprises, institutions and organizations are unacceptable in their solution. The

struggle for environmental safety on Earth should be considered one of the most

responsible and noble tasks of the Soviet people."

Subsequently, environmental security was defined as an independent direction

of national policy, in particular in the Declaration on State Sovereignty of Ukraine of

July 16, 1990. In this political document, environmental safety is presented as a

characteristic of the state of Ukraine: to independently establish the order of

organization of nature protection on the territory of the Republic and the order of use

of natural resources; to have its own national commission for radiation protection of

the population; have the right to prohibit the construction and stop the operation of

any enterprises, institutions, organizations and other objects that cause a threat to

environmental safety; to take care of the ecological safety of citizens, the gene pool

of the people, its young generation; have the right to compensation for damages

caused to Ukraine's ecology by the actions of the Union bodies.

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And already in the Law of Ukraine "On Protection of the Natural Environment"

of June 25, 1991, environmental safety is considered in several meanings: 1) as the

intention to ensure the ecological safety of human activities (Part 1 of the Preamble

of the Law); 2) as a component of the state's environmental policy aimed at

preserving the environment safe for the existence of living and non-living nature,

protecting the life and health of the population from the negative impact caused by

environmental pollution (Part 2 of the Preamble of the Law); 3) as one of the tasks

of the legislation on environmental protection (Article 1 of the Law); 4) as the main

principle of environmental protection (paragraphs a and b of Article 3 of the Law); 5)

as a subjective environmental right of citizens (clause a, Article 9 of the Law); 6) as

a duty of citizens in the field of environmental protection (paragraph b of Article 12

of the Law); 7) as the goal of management in the field of environmental protection

(part 5, p. 16 of the Law); 8) as a separate area of environmental protection activity

(Chapter XI of the Law). However, already in Art. 50 of the said Law, environmental

safety is defined as the state of the natural environment, which ensures the

prevention of the deterioration of the ecological situation and the occurrence of

danger to human health.

In turn, the Constitution of Ukraine of June 28, 1996 defines ensuring

environmental security and maintaining ecological balance on the territory of Ukraine

as the duty of the state (Article 16) and guarantees everyone the right to an

environment safe for life and health and to compensation for violations of this right

damage (Article 50).

In today's conditions, wars have become an environmental disaster of a global

scale. Large areas of land resources, forests, and water areas of the World Ocean, which

are equal to the areas of some European countries, are taken out of use by military

facilities. In addition, the militaristic economy consumes a huge amount of mineral raw

materials, energy, fuel, and metals. It is also necessary to take into account the damage

caused by the storage of radioactive production waste, spent nuclear reactors from

nuclear power plants, nuclear ships, submarines, etc.

Large test sites were created for testing nuclear weapons. There are five of them

in the whole world - in the Nevada desert (USA), on the Novaya Zemlya archipelago

(Russia), in Kazakhstan (Semipalatinsk polygon), on the Mururoa atoll (France) and in

the Lobnor desert (China). More than 2,000 nuclear explosions of various powers were

conducted at these test sites, including 501 nuclear explosions in the atmosphere. Tests

of nuclear weapons led to the spread of nuclear explosion products throughout the earth.

These products fell into the soil and groundwater with precipitation, and then into human

food (Ryabova, 2012).

Geophysical studies show that nuclear explosions can cause earthquakes due to

damage to the earth's crust, which leads to the formation of large tectonic cracks. An

example can be the testing of a nuclear charge by the French at Mururoa Atoll and the

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associated strong earthquake in Mexico in 1985 p., which occurred a few minutes after

the nuclear explosion.

In addition, there are also chemical weapons, as well as bacteriological ones, the

area of effect of which is much larger than nuclear or chemical ones. Therefore, the need

to constantly search for new measures to reduce the ecological disaster caused by

military conflicts has been going on for a long time.

Today, on the territory of Ukraine, in addition to the above-mentioned

environmental and social damage caused by the occupier, there is a significant number

of objects of military activity - military bases, arsenal towns, ammunition depots, storage

facilities for fuel and lubricants and rocket fuel, aviation and military training grounds,

tank depots, landfills and disposal sites for hazardous materials. A significant part of

these objects creates a real and potential danger for the population and the environment,

pollutes the environment with chemical substances, in particular heavy metals, increases

the radiation background, which leads to the degradation of natural complexes.

Environmental pollution with solid waste is increasing. The problem is particularly

acute in military towns and garrisons, where arbitrary landfills of household waste are

often organized in violation of household requirements. The impact of the negative

activities of military personnel on the natural environment worsens the ecological

situation. Thus, many factors of illegal deforestation, uncontrolled water use, oil pollution

of land, surface and groundwater are observed. A tense situation has developed in the

areas where warehouses and bases of fuel and lubricants of the Armed Forces are

located, caused by large-scale pollution of the environment by oil products. Due to

unresolved organizational issues and lack of funding, environmental monitoring of

contaminated areas is not carried out, cleaning works are suspended, which negatively

affects the safety of the population's daily life.

The ships and vessels of the Naval Forces were built according to state standards

without taking into account current environmental standards and were not equipped with

systems for cleaning and disinfecting household and waste water. Today, they are

sources of constant pollution of water bodies. Vehicle fleets and technical sites, which

account for a significant share of emissions into the atmosphere of exhaust gases,

contain toxic substances such as sulfur oxides, carbon monoxide, carbon monoxide, soot

in their territories. Military ranges and educational training centers that have significant

emissions of powder and exhaust gases into the atmosphere contain carcinogenic, toxic

or poisonous substances such as powder gases of ammunition, oxides of rocket fuel,

exhaust gases of military equipment.

Among all types of pollution related to military activities, a significant part is the

pollution of water sources in places where troops are deployed. As a result of

atmospheric precipitation, stormwater (melt) flows from the territories of military

settlements, contaminated with garbage, various wastes, including oil products and

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other chemical (toxic) substances. The most polluted stormwater runoff comes from the

territories of car parks, gas stations, warehouses, bases, boiler rooms, equipment repair

and maintenance sites, from facilities where soil contamination by oil products and other

wastes of harmful substances can occur. Therefore, these objects should first of all be

equipped with storm sewers (Plahotnik, 2010).

Soil pollution increases annually in the military, which is explained by the violation

of environmental protection legislation, in particular regarding the maintenance of

military airfields, repair enterprises and facilities, as well as non-compliance with

environmental safety requirements during combat and operational training of the troops.

The main sources of soil pollution in the military with carcinogenic substances are

exhaust gases from motor vehicles, military equipment, airplanes, boiler rooms, etc. The

intensity of soil pollution depends on the power of the emission source, the distance from

it to the territory, the direction of the wind and other factors.

The situation may worsen in connection with the conversion of the defense industry

- the elimination of missile and nuclear weapons, the transportation and disposal of

highly toxic components of rocket fuel, obsolete types of military products and

ammunition, and military production waste. Today, it has already become clear to

everyone that the production, testing and storage of all types of weapons, without

observing the rules of fire and safety technology, the rules of storage and disposal of

ammunition, the fulfillment of statutory norms - leads to significant pollution of the air,

land, water with various toxic, radioactive and other dangerous substances substances

for human life. Currently, the issue of utilization and disposal of ammunition, combat

chemical and biological weapons is very acute. This issue requires significant funds.

In the course of hostilities and military conflicts, the limits of the use of natural

conditions and resources of territories are exceeded, the environment (in this case, the

theater of hostilities) is used as a repository for "waste" and by-products of military

operations, which poses a threat to the foundations of human life and other living

organisms (Environmental disasters, 2023).The changed environmental and social

situation, which is part of the strategic situation, requires a timely and correct

assessment. The result of such an assessment may be the clarification or change of the

combat tasks of the troops, a change in the areas of their location, the implementation

of works to eliminate the consequences of emergency situations, etc.

Therefore, environmental and social protection should be an integral part of both

the day-to-day activities of a military unit or its corresponding structure, as well as

during armed conflicts. Military-scientific support for the main environmental and social

security tasks of the Armed Forces should include: identification of objects and research

of factors of adverse environmental impact of military operations on the natural

environment in order to assess possible damage and organization of environmental and

social support; development and substantiation of the methodology for assessing the

degree of environmental and social risk for military personnel and the population in the

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locations of troops, military facilities during exercises, special works, accidents,

catastrophes and natural disasters; development of specialized and adaptation of

existing normative legal and organizational documents in the field of environmental

support of troops.

Development of scientific bases and proposals for planning and implementation of

works on environmental restoration in locations and combat training; development of a

methodology for forecasting the nature and scale of emergency situations, justification

and development of measures to prevent them and reduce the level of probable losses

of personnel and population, as well as organizational and technical measures to

eliminate the consequences of accidents that have occurred; development and

implementation of information and analytical systems to ensure environmental

monitoring and management of measures to protect and restore the living environment

and health of military personnel and the population.

From the previous material, it becomes clear that humanity has long been

searching for possible legal measures to overcome the harmful effects of military

conflicts on the environment and social situation conditions including human healt. Let's

consider the main ones.

Means of preventing the occurrence of military conflicts are international treaties,

which are the source of environmental law. For example, the Stockholm Declaration of

Principles on the Human Environment of 1972, in principle 26, declared that man and

his environment must be freed from the consequences of the use of nuclear and other

weapons of mass destruction.The World Charter of Nature, approved by the UN General

Assembly in 1982, declares: "p. 5. Nature must be protected from looting as a result of

war or other hostile actions... P. 20. Military actions that harm nature must be refrained

from.".Paragraph 39.6 of the 1992 Agenda for the 21st Century states that the UN

General Assembly and its Sixth Committee are the appropriate forum for the

development of measures to protect the environment from large-scale destruction during

armed conflict, taking into account the special powers and special role in this process of

the International Committee of the Red Cross.

The Rio de Janeiro Declaration on Environment and Development of 1992, in

principle 24, declared that war inevitably has a destructive effect on the process of

sustainable development, so states must respect international law, ensuring the

protection of the environment in the event of armed conflicts.The outcome document of

the 2015 Summit on Sustainable Development, Transforming Our World: The 2030

Agenda for Sustainable Development, notes that there can be no sustainable

development without peace, and no peace without sustainable development.The

Sustainable Development Goals, which are known to have three pillars (economic, social

and environmental), also have Goal No. 16, which deals with the achievement of peace.

Although these documents are acts of "soft law", they can serve as the initial stage of

the development and adoption of an international treaty, confirmation of the existence

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of an international legal custom, or act as a guide for the implementation of more general

provisions of international treaties or norms of customary law.

Thus, already at the beginning of the 20th century, the issue of banning the use of

bacteriological weapons in military conflicts was raised at the international level.

Evidence of this is the Geneva Protocol adopted in 1925 on the prohibition of the use of

asphyxiating, poisonous or other similar gases and bacteriological agents in war.

However, this document established only a ban on the use of such weapons, at the same

time, there was no question of their development, production and accumulation. As a

result, most countries have ratified this Protocol with reservations, which provide for the

possibility of using chemical and bacteriological weapons in response.

This subsequently had a negative impact on the military conflict that occurred in

the territories of Vietnam, Laos and Cambodia in the 1960s and 1970s. Only as a result

of the use of such weapons, on December 16, 1969, the UN General Assembly approved

Resolution No. 2603 (XXIV) "The question of chemical and bacteriological (biological)

weapons", in which it specified that the Protocol of 1925 prohibits the use in armed

conflicts of any any chemical reagent capable of causing a toxic effect on humans,

animals or plants (a chemical substance in a gaseous, liquid or solid state), as well as

any biological reagent (living organisms capable of causing illness or death of humans,

animals or plants).

This became the initial stage of the development of the environmental component

and social protection in the form of protection of human life and health in international

military legislation. The result of such work was the 1972 Convention on the Prohibition

of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic

Weapons and on Their Destruction.

An important contribution to ensuring environmental security in the military sphere

was also made by the Convention on the prohibition of military or any other hostile use

of means of influence on the natural environment of May 18, 1977. The need for its

conclusion was connected with the emergence of the possibility of active influence on

the environment for military purposes . According to Art. 1 of the Convention, states

undertake not to resort to military or any other use of means of influence on the

environment, which may cause serious destruction, harm or damage to another state in

any form. The regulation of the Convention concerns various ways of changing the

dynamics, composition or structure of the Earth's biota, its lithosphere, hydrosphere,

atmosphere, as well as the outer space. The Parties to the Convention undertake to take

the necessary measures, in accordance with their constitutional procedures, to prohibit

or deter any activity under their jurisdiction or control that is contrary to the

requirements of the Convention. The Convention does not apply to the sphere of impact

on the natural environment and social protection for peaceful purposes.

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Thus, the mentioned Convention prohibits geophysical warfare - the deliberate

management of natural processes that can cause hurricanes, tsunamis, earthquakes,

precipitation in the form of rain and snow.

Norms on ensuring environmental and social safety during an armed conflict of a

non-international nature are also enshrined in Additional Protocol I of June 8, 1977 to

the Geneva Conventions of August 12, 1949, which concerns the protection of victims

of armed conflicts of a non-international nature. In particular, Art. 14 of the Protocol

prohibits attacking, destroying, removing or rendering unusable objects necessary for

the survival of the civilian population, namely: food stocks, agricultural areas producing

food, crops, livestock, structures providing drinking water, stocks the latter, as well as

irrigation facilities.

Article 15 of this Protocol prohibits any attack on structures containing dangerous

forces (for example, dams, nuclear power plants) if such an attack could cause the

release of dangerous forces and cause heavy casualties among the civilian population.

In Art. 55 of the specified Protocol states that when conducting military operations, the

safety of the environment against extensive, long-term and serious damage must be

ensured by establishing prohibitions on the use of methods or means of waging war that

are intended to cause or may cause damage to the environment and thereby health or

survival of the population.

The understanding by States that the use of prohibited methods or means of

warfare can cause extensive, long-term and serious damage to the natural environment

is expressed in the preamble of the Convention on the Prohibition or Restriction of the

Use of Specific Types of Conventional Weapons, which can be considered to cause

excessive damage or have indiscriminate effective from October 10, 1980.

Of particular interest in this regard are the protocols to the Convention: "On the

prohibition or restriction of the use of mines, landmines and other devices" (Protocol II)

and "On the prohibition or restriction of the use of incendiary weapons" (Protocol III).

The use of these mines in itself leads to the death of people, causes significant damage

to the surrounding natural environment and social environment, because it prevents the

restoration of agricultural lands.

The Convention on the Prohibition of the Development, Production, Stockpiling and

Use of Chemical Weapons and Their Destruction of January 13, 1993 is also of great

importance for the researched area, which prohibits: developing, producing, acquiring

in any other way, stockpiling or storing chemical weapons or transferring them directly

or indirectly chemical weapons to anyone; use chemical weapons; conduct any military

preparations for the use of chemical weapons; assist, encourage or induce in any way

anyone to engage in any prohibited activity.

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However, these international documents are not the only ones in the field of

ensuring the environmental safety of military activities. In addition to them, the

investigated issue at the international level is also regulated by international acts, which

establish:

a) prohibition of nuclear tests: Treaty on the prohibition of tests of nuclear weapons

in the atmosphere, in outer space and under water of August 5, 1963; Treaty on

the Non-Proliferation of Nuclear Weapons of July 1, 1968; Comprehensive Nuclear

Test Ban Treaty of September 24, 1996; Treaty on the Prohibition of Nuclear

Weapons of July 7, 2017. In all these documents, the problem of protecting the

environment and human safety from radioactive contamination can be seen;

b) the creation of nuclear-free zones in order to strengthen the non-proliferation of

nuclear weapons, in particular: the Treaty on the Prohibition of Placing Nuclear

Weapons and Other Weapons of Mass Destruction on the Bottom of the Seas and

Oceans and in Their Boreholes of February 11, 1971, etc.;

c) limitation of missile and nuclear weapons and disarmament: Agreement on

measures to reduce the danger of nuclear war of September 30, 1971;

Agreement on the Prevention of Nuclear War of June 22, 1973; Agreement on

the elimination of medium- and short-range missiles of December 8, 1987;

Agreement on the Reduction and Limitation of Strategic Offensive Weapons of

July 31, 1991; Agreement between Ukraine and the United States of America on

providing assistance to Ukraine in the elimination of strategic nuclear weapons,

as well as preventing the proliferation of weapons of mass destruction dated

October 25, 1993, etc.

Based on the above, a number of the following questions arise: in case of violation

of the specified international norms, legal responsibility to the offenders will be applied

only within the framework of international legislation and the tribunal, or should

domestic legislation also contain relevant legal levers?

Since the war is mainly an interstate conflict, it is clear that the priority belongs to

the international settlement of the mentioned issue, however, we believe that the

domestic legislation should also contain relevant legal norms, including for the possibility

of bringing to legal responsibility the collaborators through or with the help of which they

could relevant crimes occur (Golovko, 2021).

It should be noted that today at the state level methods of calculating damages

caused to various natural resources as a result of military aggression of the Russian

Federation are already accepted, but are they sufficient to solve the mentioned problem?

It is believed that no, because the issues of bringing to legal responsibility for the

violation of the right to an environment safe for life and health (namely, the methods of

determining damages for such a violation), as well as for the violation of the norms of

chemical, physical, and biological impact from military aggression, remain open. The

issue of developing and adopting a comprehensive normative legal act at both the

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international and domestic level, dedicated to the issue of compensation for

environmental damage, which would combine all types of environmental damage and

determine the legal mechanisms for its deduction, remains relevant.

However, the most important post-war issue will be bringing the Russian

Federation to legal responsibility for committed crimes, including environmental ones.In

this case, attention should be paid to the scientific work of M. Medvedeva and T. Korotky,

who analyzed international and foreign experience on this issue (Medvedeva, 2019).

Most multilateral environmental agreements do not contain provisions on their

application in the event of armed conflict. The issue of post-conflict assessment of

environmental damage and post-conflict settlement of the problem of environmental

protection should be resolved by means of international environmental law, international

security law, international humanitarian law, international maritime law (as regards the

remnants of war in the marine environment), the law of international organizations (as

far as refers to providing assistance to affected territories in post-conflict assessment,

monitoring and environmental restoration) (Medvedeva, 2019).

Not the only exceptions are, firstly, the UN Convention on the Law of Non-

Navigational Use of International Watercourses of 1997, which has a customary

character, establishes: international watercourses and relevant installations should be

protected by the principles and norms of international law, which are applied during

armed conflicts of an international and non-international nature; secondly, the UNESCO

Convention on the Protection of the World Cultural and Natural Heritage of 1972, which

in Art. 11 (4) provides for the creation of a List of World Heritage under threat, while

among the threats it identifies the danger of armed conflicts. African Convention on the

Conservation of Nature and Natural Resources (revised version) of 2003 in Art. XV

contains almost the most complete list of environmental protection obligations that

states must fulfill not only during armed conflicts, but also after their end.

A significant number of questions regarding the responsibility of the aggressor

state for environmental and social damage caused during armed conflicts are determined

in the resolutions of the UN Security Council. In addition, the UN also operates the

initiative "Greening the Blues", aimed at ensuring the effective participation of UN

peacekeeping missions in post-conflict environmental restoration; the conclusion of

peace agreements with the distribution of obligations for compensation for

environmental damage is also recognized as an effective means.

One of the main tasks related to post-conflict environmental and social restoration

should be to ensure long-term management in this area. The United Nations

Environment Program (UNEP) has the greatest potential in this area, which has carried

out more than 20 post-conflict assessments since 1999, in which the consequences of

wars for the environment of various states were determined. UNEP prepared Guidelines

for Integrating the Environment into Post-Conflict Needs Assessment 2009, created a

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Division for Post-Conflict and Disaster Management, within which it implements the

Program on Environmental Cooperation for Peacekeeping.

The United Nations Environment Assembly (the representative body of UNEP) has

adopted several resolutions on environmental protection, mitigation and pollution control

in areas affected by armed conflicts: "Environmental Protection in Areas Affected by

Armed Conflict" 2016, "On "improvement and control of pollution in areas affected by

armed conflicts or terrorism" of 2017. In addition, international studies of environmental

damage from military conflicts were once carried out by the Regional Environmental

Center of Central and Eastern Europe and the World Bank. The reports of these

international organizations can be quite useful for assessing the environmental

consequences of armed conflicts that may occur in the future.

4.Conclusions

On the basis of the conducted research, it can be stated that social impact on the

international legal regulation of environmental security during armed conflicts is at the

basis of the formation of a modern scientific and legislative direction of the legal provision

of environmental and social security, which is based on the protection of social rights of

people including right to health and the environment from dangerous factors of any

human activity, including armed conflicts. Among the dangerous factors for humans and

the environment during armed conflicts, international norms define human activity in

the production and use of weapons, which is characterized by chemical, physical and

biological dangerous effects, including the issue of handling waste of war.

Since the 50s of the 20th century, a significant international legal framework has

been formed regarding the prohibition of the use of each of these influences. However,

in fact, all international legal acts examined in this work contain only prohibition norms

that were formed, most likely, with the hope of ethics and decency of each country in

this area, in connection with which, the question of attracting to legal responsibility for

violations of the specified norms remain unwritten even today, which has caused a

number of problems in determining the mechanisms of bringing to justice the Russian

Federation, which acted with armed aggression against Ukraine and caused it significant

environmental and social damage.

The biggest problem in this case is to invent mechanisms for calculating

environmental and social damage caused by such aggression. By its very nature, such a

compensation mechanism should take into account not only the damage caused to

individual natural resources, but also to the ecosystem as a whole and to human life and

health and social sphere, in particular.

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At the international level, there is a whole series of special normative acts

dedicated to the legal regulation of the harmful effects of military conflicts on the

environment and social life. However, the most important post-war issue will be bringing

the Russian Federation to legal responsibility for committed crimes, including

environmental ones.

International legal norms aimed at insuring environmental and social safety

during international armed conflicts are listed in Additional Protocol I to the Geneva

Conventions. Unfortunately they are not included among the provisions, the violation of

which is qualified as a serious violation enabling individual criminal responsibility. That

is why creation of special tribunal is necessary.

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