PILPG Ukraine Drafting Notes: Environmental Security

Environmental Security

During peace negotiations between Ukraine and Russia, a number of environmental security issues may arise that both parties would need to address.  It should be noted that the negotiation of some aspects of environmental security will be closely related to the negotiation of nuclear security. 

• Demining and Unexploded Ordnance Clearance:  Negotiations regarding environmental security could focus on the extensive presence of landmines and unexploded ordnance in Ukraine.  Talks could seek to determine responsibility for demining efforts and international support for clearance operations.  

• Damage to Ecosystems and Natural Resources:  The conflict has caused significant harm to Ukraine’s forests, rivers, and agricultural lands due to bombings, chemical spills, and other war-related destruction. Negotiations may need to include agreements on assessing environmental damage, restoring affected ecosystems, and preventing further degradation of natural resources.

• Nuclear and industrial safety:  Nuclear security is a distinct negotiation issue, but some considerations will overlap with issues relating to environmental security.  This overlap could arise during negotiations regarding the prevention of environmental risks from industrial facilities, particularly in border areas or temporarily occupied territories, and when negotiating the demilitarization of areas surrounding nuclear and industrial facilities.

• Compensation for Environmental Damage:   Within broader negotiations regarding reparations, negotiations could seek to agree on the scope of compensation to include reparations for environmental damages, valuation of damages, mechanisms for calculating and managing payment of reparations, forms of reparations, payment mechanism, timeline, and enforcement. 

Demining and Unexploded Ordnance Clearance

The war has left vast areas of Ukraine contaminated with landmines and unexploded ordnance, posing a threat to civilians, agriculture, and economic recovery.  To eliminate this threat, there are a number of approaches that could be adopted. 

• Joint Ukraine-Russia Demining Initiative:  Ukraine and Russia could establish a joint demining task force to clear landmines and unexploded ordinances in affected areas.  This could be with or without international oversight.  Both states would be responsible for conducting operations in their respective controlled territories, ensuring the safe return of farmland and infrastructure.  

• International Demining Coalition:  A third-party organization, such as the United Nations Mine Action Service (UNMAS) or the Organization for Security and Co-operation in Europe (OSCE), could provide support and oversight to demining operations and ensure compliance with both demining agreements and international standards. 

• Privatized Demining Contracts:  Ukraine could contract private demining companies to clear hazardous areas, with funding secured through Russian reparations or international aid.  This method allows Ukraine to retain full control over its demining process.

Damage to Ecosystems and Natural Resources

The war has devastated Ukraine’s forests, rivers, and agricultural lands through bombings, chemical spills, and infrastructure destruction.  There are several approaches for addressing the negative impacts of the war. 

• Environmental Restoration Fund:  A dedicated fund, managed by an international body, could be established to finance environmental restoration projects, with contributions from Russia, Ukraine, and/or international donors. 

• Independent Environmental Damage Assessment:  A neutral scientific commission (such as the UN Environment Programme) could assess the environmental destruction and recommend specific restoration efforts.  It would provide an unbiased, evidence-based evaluation of environmental damage.  However, such a process might be lengthy. 

• Ban on Environmentally Harmful Warfare:  The peace agreement could include a commitment to work towards an international treaty prohibiting the destruction of water infrastructure, agricultural land, and forests in any future conflicts around the world. 

• Reforestation and Land Rehabilitation Programs:  Large-scale projects to restore forests and rehabilitate damaged agricultural land could be implemented with support from international organizations.  Such efforts, however, would take time and significant funding.  

• Safeguarding Key Environmental Areas:  Environmental safe zones and protected areas could be jointly established, prohibiting military and industrial activity in such zones. 

• Managing Environmental Resources in Affected Areas: 
  

Nuclear and Industrial Safety

War has increased the risk of nuclear accidents and industrial disasters.  Negotiations may address ways to secure critical facilities and prevent future environmental crises.

• Establishing Demilitarized Zones around Nuclear Plants and Other Industrial Sites:  An agreement could designate specific areas around Ukraine’s nuclear facilities (such as Chernobyl and Zaporizhzhia) and other industrial sites as demilitarized zones to prevent further military action and protect against accidental environmental damage. 

• International Safety Inspections:  An agreement could ensure that the IAEA and other international bodies are granted permanent, unobstructed access to inspect and monitor nuclear and industrial sites.

• Bilateral Environmental Risk Mitigation Agreement:  Ukraine and Russia could establish a joint commission to address cross-border environmental risks, such as hazardous waste spills.

Compensation for Environmental Damage

• Provision for Russian Compensation for Environmental Damages:  The peace agreement could include a provision requiring Russia to pay reparations to Ukraine specifically for the environmental destruction caused by the conflict.  These reparations could be paid directly by Russia or drawn from frozen Russian assets held internationally.  Decisions would be required regarding valuation of damages, mechanisms for calculating and managing payment of reparations, forms of reparations, payment mechanism, timeline, and enforcement. 

• In-Kind Reparations:  Russia could be required to fund and participate in specific environmental recovery projects under international supervision.  Or alternatively, Russia could contribute through the provision of energy resources, materials, or equipment for rebuilding efforts.