Putin’s power play: Russia’s attacks on Ukraine’s electric power infrastructure violate international law

Abstract

International humanitarian law is a branch of public international law that seeks to moderate the conduct of wars to protect those who are not taking part in the hostilities. Under international humanitarian law, belligerents may not intentionally target civilians or installations that are indispensable to the survival of the civilian population. While collateral harm to civilians and civilian infrastructure may occur, international humanitarian law prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof which would be excessive in relation to the concrete and direct military advantage anticipated. In practice, these principles have not always been honored or enforced. State and non-state actors have deliberately targeted civilians and/or disregarded civilian impacts, often for the purpose of pressuring political leaders to capitulate. The increasing occurrence and severity of harm to civilians and civilian infrastructure in modern conflicts calls into question the continuing relevance of what were once viewed as fundamental protections. In this paper, we present a case study involving Russia’s 2022–23 attacks on Ukraine’s electric power infrastructure, which left millions of civilians without heat, water, or other basic services for extended periods in harsh winter conditions. Considering the scope, scale, and long-term impacts of these attacks, we conclude that Russia violated international law. We also suggest that a new international protocol may be necessary in order to more effectively deter and punish attacks on civilian infrastructure in future armed conflicts and military occupations.