THE HAGUE, Netherlands (AP) — Russian missiles and drones have struck Ukraine’s energy grid in recent weeks, plunging people into freezing darkness during one of the country’s coldest winters on record.
Ukraine accuses Russia of illegally attacking electricity infrastructure during the war, depriving civilians of light, heat and running water.
“It is more important for Russia to use the coldest days of winter to scare people than diplomacy,” Ukrainian President Volodymyr Zelensky said on Tuesday on the eve of a new round of talks to end the conflict, with temperatures in Kiev hovering around minus 20 degrees Celsius (minus 3 degrees Fahrenheit).
Russia says its attacks are a legitimate part of its military campaign against its neighbors. Moscow’s invasion of Ukraine is widely seen as an illegal act of aggression.
So, are attacks on energy facilities allowed during war?
What does international law say?
David Crane, former chief prosecutor of the U.N. Special Tribunal for Sierra Leone, said combatants could legally target power grids if the attack “directly affects a valid military target,” but not cause excessive civilian casualties.
In an emailed response to questions from The Associated Press, he said that in the case of Russia’s attacks on Ukraine, “the indiscriminate and widespread targeting was inconsistent with legitimate objectives.”
The International Committee of the Red Cross said that parts of energy systems that provide basic services to civilians “are in principle civilian objects and are therefore protected from direct attacks and reprisals, as well as collateral damage.”
In fact, ICC pre-trial judges issued arrest warrants in 2024 for senior Russian military officials and the country’s former defense minister for their alleged involvement in missile attacks against electricity infrastructure.
In announcing the arrest warrants for former Defense Minister Sergei Shoigu and Russia’s chief military minister, Gen. Valery Gerasimov, the court said the judges found “reasonable grounds to believe that the alleged attacks were directed at civilian objects and that the anticipated incidental civilian harm and damage clearly outweighed the anticipated military advantage in relation to facilities that at the relevant time might have been eligible for military objectives.”
Russia, which is not a member of the court, rejects its jurisdiction and has refused to extradite suspects to stand trial at the International Criminal Court in The Hague, Netherlands.
What does Russia say?
The Russian military has repeatedly said it targets energy facilities and other infrastructure that support Ukraine’s military industry and armed forces. It denies targeting residential areas despite daily evidence suggesting otherwise.
Kremlin spokesman Dmitry Peskov insisted on Wednesday that “our troops are striking targets they believe are linked to the Kiev regime’s military installations and operations are continuing.”
What does Ukraine say?
Kiev accuses Russia of trying to weaken Ukrainians’ interest in fighting by inflicting suffering on civilians who are forced to live in dark, cold homes.
Authorities said Russia sought to cripple Ukraine’s electricity network by attacking power plant substations, transformers, turbines and generators. DTEK, Ukraine’s largest private power company, said this week’s overnight attack was the ninth major attack on the company’s thermal power plants since October.
According to joint estimates by the World Bank, the European Commission and the United Nations, direct losses to Ukraine’s energy sector due to the war have exceeded US$20 billion.
