Was the destruction of Ukraine's Kakhovka dam a war crime? Western leaders condemn Russia for alleged attack

The UK’s Foreign Secretary James Cleverly called the destruction of a dam in Kakhovka a ‘war crime’ after Ukrainian residents were forced to flee flooding
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Western leaders have accused Russia of committing a war crime after a dam in Ukraine was destroyed, impacting the lives of thousands of residents. 

The Kakhovka dam in southern Ukraine was demolished on Monday 6 June. An evacuation was underway of residents on the Dnipro river, with concerns over the safety of the Zaporizhzhia nuclear power plant. 

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Ukraine placed blame for the destruction on Russia. However, Moscow has blamed Ukrainian military strikes in the heavily-contested southern Ukraine area. 

Western leaders were quick to follow Ukraine’s claims that Russia was to blame for the attack. James Cleverly, the UK’s Foreign Secretary, claimed that the attack constituted a war crime. 

His sentiments were echoed by his German counterpart, Annalena Baerbock, who described the attack as a “weapon of war”. German Chancellor Olaf Scholz shared a similar view, stating that the attack on the Kakhovka dam signalled a “new dimension” in the war.

NATO secretary-general Jens Stoltenberg added: “The destruction of the Kakhovka dam today put thousands of civilians at risk and causes severe environmental damage. This is an outrageous act, which demonstrates — once again — the brutality of Russia’s war against Ukraine.”

Was the destruction of Kakhovka dam a war crime?

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In his condemnation of the destruction of the dam, Stoltenberg said that the damage and impact to Ukrainian residents “is totally unacceptable and a blatant violation of international law”. 

The Geneva Convention is an international humanitarian protocol which regulates the conduct of armies and troops during conflict. There are certain rules which, if broken, constitutes a war crime being committed. 

One of the protocols, which dates from 1977, states that "installations containing dangerous forces" should not be attacked "if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population". A hydroelectric dam, such as that in Kakhovka, is included in this definition of installations. 

A similar statue from the International Criminal Court, which tries individuals accused war crimes, states "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 which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated".

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Therefore, if Russia is found to have caused the destruction of the dam, individuals involved in the call could in theory be tried for war crimes.

In his tweet, Cleverly said: "The destruction of Kakhovka dam is an abhorrent act. Intentionally attacking exclusively civilian infrastructure is a war crime. The UK stands ready to support Ukraine and those affected by this catastrophe."

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