After withdrawing from much of the territory it occupied in Kharkov Oblast, the Russian military has turned to a new strategy of attacking civilian infrastructure, such as the power grid and dams. On September 14, 2022, Russian Aerospace Forces attacked the Karachunivske dam at Kyvyi Rih, the hometown of Ukrainian President Volodymyr Zelenskyy. Evidence from various Telegram Channels show that water flow to the city has ceased, forcing civilians to purchase bottled water. Anton Gerashchenko, adviser to the Ukrainian Interior Minister tweeted, “Rockets were directed at hydraulic structures. This caused water level of Inhulets river to increase, threatening the city.” Russia conducted a second attack with ballistic missiles on the Pechenihy dam on the Siverskiy Donets river on September 24. These attacks on civilian objects are controversial because they may violate the law of armed conflict.
The relevant law applicable to the armed conflict between Russia and Ukraine is Additional Protocol I, to which both states are Parties. Articles 48 and 52 of Additional Protocol I describe the principle of distinction between valid military targets and protected civilians and civilian objects. Article 48 notes that military operations should only be directed against military objectives. Article 52(1) notes “civilian objects shall not be the object of attack.” Article 52(2) goes on to define military objectives as being “limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture, or neutralization, in the circumstances ruling at the time, offers a definite military advantage.”
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