Bombing of the Kakhovka Dam could be the worst, and most desperate war crime yet

Social media was abuzz on Tuesday morning with footage showing the Kakhovka Dam had been breached, with water surging down the Dnipro River.

Later in the day, the southern command of Ukraine’s Armed Forces claimed the dam, which is in Russian-controlled territory, was blown up with explosives.

Russia’s TASS news agency confirmed the dam had “collapsed” and that nearby areas were beginning to flood.

The dam itself is huge, 30 metres in height and hundreds of metres wide. It forms part of the Kakhovka hydroelectric power plant, with its reservoir containing the same amount of water as Utah’s Great Salt Lake.

The effects of the breach threaten to be immense.

The dam is a critical water source for millions of people in Kherson, the Dnipro and Zaporizhzhia oblasts, and Crimea. It will also likely impact agriculture and food production in what is already a war-torn region.

Flood waters have already affected over 80 towns and villages. Over a thousand people have been rescued in Kherson, with many more displaced. While there have been no report of human deaths yet, it has been reported that 300 animals at the Kazkova Dibrova zoo were killed in floodwaters.

Rare wildlife species and habitats have also been affected. The Ukrainian Environment Minister, Ruslan Strilets told the media yesterday that at least 150 tonnes of oil from the dam has leaked into the Dnipro, and that the environmental damage has so far been estimated at $80 million.

The breach also puts the Zaporizhzhia nuclear power plant at risk. The plant, which is in Russian hands, relies on water supplied by the dam, without which raises the threat of a nuclear meltdown. However, the International Atomic Energy Agency announced yesterday that there is “no immediate nuclear safety risk”.

Many of these issues cannot be solved until a new dam is built, something Russia is unlikely to do while it controls the area.

The breach has immediately raised questions about who is responsible.

Ukrainian officials have blamed Russia, with President Volodymyr Zelensky tweeting that “the destruction of the Kakhovka hydroelectric power plant dam only confirms for the whole world that they (Russia) must be expelled from every corner of Ukrainian land.” 

Denys Shmyhal, Ukraine’s Prime Minister, claimed that “Russia has unleashed an ecological weapon of mass destruction, inflicting grave consequences upon hundreds of cities and villages”, and called on the world to “condemn this crime”.

Last year, Ukrainian officials accused Russia of mining the dam, which Russia denied, calling for a monitoring mission and for the dam to be taken under international protection.

There are also reports the dam was at capacity before the breach, suggesting Russia purposely raised the water level to ensure maximum destruction.

Russia has denied blowing the dam, instead blaming Ukraine.

Ukraine, for its part, has said that it would be impossible for them to breach the dam from the outside, considering it has been under Russian control for months.

But, while there is no definitive proof, pointing the finger at Russia is not unreasonable.

The Russian military continues to target vital infrastructure in Ukraine, including power plants, dams, railways and ports, in a desperate attempt to make the Ukrainian population suffer.

Russia’s invasion has also shown that its military does not respect human life. Russian forces have allegedly committed war crimes and crimes against humanity against Ukrainians, including torture, summary executions and enforced disappearances. They have also continuously targeted civilian buildings, including hospitals and apartment blocks, killing countless civilians.

Blowing up the dam also comes at a time when Ukraine is poised to launch its counteroffensive, which likely involves attempts to retake the Zaporizhzhia oblast and Crimea. Flood waters would complicate any crossing of the Dnipro and may be an attempt by Russia to buy time.

In contrast, Ukraine has very little to gain from breaching the dam and, unlike Russia, doesn’t have a history of using civilians as collateral damage.

If Russia is responsible, it may constitute a war crime.

The Geneva Conventions explicitly bans attacks in war-time on “installations containing dangerous forces”, such as dams, due to risks posed to civilians. The conventions also oblige waring parties to distinguish between “civilian objects and military objects”, with attacks on the former forbidden.

While dams aren’t specifically mentioned, the Rome Statute of the International Criminal Court criminalises “intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment.”

Ukraine’s prosecutor general has opened an investigation into the dam blast, labelled it a possible war crime and “’ecocide” under Ukrainian domestic legislation. Ironically, Russia has similar ecocide laws.

Russia’s alleged involvement in the bombing of the Kakhovka dam would represent an incredibly desperate and dangerous act.

It would also be added to the long list of war crimes committed by Russian forces, something Ukrainian and ICC prosecutors would surely investigate and seek to prosecute.

Either way, it is yet another disaster for Ukraine and Ukrainians.

Whoever is guilty needs to be held responsible.

Chris Fitzgerald
Chris Fitzgerald
I am a correspondent, freelance writer and commentator based in Melbourne, Australia. I write articles, reports and op-eds on important global political and humanitarian issues, including human rights abuses, international law, conflict and displacement. My work is published through online publications, media outlets, not-for-profits and academic websites.