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oai:verfassungsblog.de/73487 2023-07-07T15:24:19Z posts

http://dx.doi.org/10.17176/20230703-231049-0 https://verfassungsblog.de/the-kakhovka-dam-and-ecocide/ The Kakhovka Dam and Ecocide - A Convergence of International Criminal Law, International Humanitarian Law, International Environmental Law, and International Human Rights Law? Gillett, Matthew eng 2023-07-03 electronic resource text/html ddc:342 Ecocide Russian War against Ukraine Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 The destruction of the Kakhovka dam and consequent damage to housing and flooding of tens of thousands of hectares of land, is reportedly causing severe harm to humans and nature. This blogpost argues, first, that the destruction of the Kakhovka Dam potentially violated prohibitions under multiple fields of international law, but that challenges will nonetheless arise in establishing criminal responsibility for those violations due to the distinct elements of the relevant criminal provisions and the heightened burden of proof on the prosecution in such cases. Because various normative systems are applicable to the facts, ranging from international humanitarian law, international criminal law, and international environmental law, a means of reconciling conflicts of norms will be required. This will be best served by an approach of complementary interpretation.