Exclusive

General Frost no longer neutral: Russia’s winter campaign meets the war crimes test

Opinion

5 February, 08:00 PM

Demian Shevko

World Affairs Editor and Correspondent at The New Voice of Ukraine (English), Research fellow at National Institute for Strategic Studies

Author: Demian Shevko
In 2025, Ukraine recorded the highest number of civilian casualties since the first year of Russia’s full-scale invasion. According to the UN Human Rights Monitoring Mission in Ukraine, the number of civilians killed and wounded in 2025 was 31% higher than in 2024 and 70% higher than in 2023. This is not a statistical anomaly. It is the result of a deliberate method of warfare.

Russia has learned how to turn winter into a weapon.

The pattern is now unmistakable. Russian forces have systematically targeted Ukraine’s energy, heating, and water infrastructure during periods of extreme cold, when damage to civilian systems multiplies suffering far beyond the immediate blast radius. Missiles and drones are not simply destroying facilities; they are collapsing the basic conditions of civilian survival. Freezing temperatures do the rest.

This is not “collateral damage.” It is strategy.

Russian attack focused on energy facilities that supply heat to millions of homes in major cities across Ukraine / Photo: Photo: REUTERS/Valentyn Ogirenko

The timing tells the story

The most revealing episode came in late January and early February. Following discussions between Washington and Moscow, U.S. President Donald Trump announced what he described as a short-term “energy ceasefire” — a pause in Russian strikes on Ukraine’s energy infrastructure. Ukrainian officials cautiously welcomed the initiative. For several days, attacks on major energy targets subsided.

Then, as temperatures plunged to minus 20–25 degrees Celsius, Russia resumed strikes with renewed intensity.

On Feb. 1, 2, and 3, Russia launched its heaviest energy-focused attacks of the year, employing a record number of ballistic missiles alongside cruise missiles and drones. Power plants, substations, heating networks, and gas infrastructure were hit across multiple regions. Entire cities were left without heat during the coldest days of winter.

The "ceasefire", Ukraine later confirmed, had lasted four days — not seven. And it ended precisely when the damage would be greatest.

This sequencing matters. Warfare does not occur in a vacuum. When strikes are synchronized with environmental conditions that predictably magnify civilian suffering, intent can no longer be dismissed as incidental. The cold was not an accident. It was an amplifier.

A prohibited method of warfare

International humanitarian law does not require novel interpretations to assess this conduct. The relevant rules are well established.

Additional Protocol I to the Geneva Conventions, which reflects customary international law, prohibits attacks on objects indispensable to the survival of the civilian population. Article 54(2) explicitly bans attacking, destroying, or rendering useless “objects indispensable to the survival of the civilian population,” including energy and water infrastructure, when the purpose is to deprive civilians of their means of survival.

The Rome Statute of the International Criminal Court goes further. Article 8(2)(b)(ii) defines as a war crime intentionally directing attacks against civilian objects. Article 8(2)(b)(iv) criminalizes attacks launched in the knowledge that they will cause excessive incidental loss of civilian life or damage to civilian objects relative to the anticipated military advantage.

What Russia has done in Ukraine this winter fits these provisions uncomfortably well.

Energy facilities supplying heat to millions of civilians during extreme cold are not dual-use ambiguities in this context. Their destruction predictably leads to hypothermia, displacement, hospital overload, and long-term health consequences — effects Russia has observed, studied, and repeated over multiple winters.

This is not battlefield error. It is a method of warfare designed around civilian vulnerability.

Is this genocide?

The question inevitably arises: does this constitute genocide?

Legally, genocide requires specific intent to destroy, in whole or in part, a national, ethnic, racial, or religious group as such. Proving that intent is notoriously difficult, and international courts have set a high evidentiary threshold.

But focusing exclusively on the genocide label risks missing what is already clear.

Even without crossing that legal threshold, Russia’s conduct plainly constitutes war crimes and may amount to crimes against humanity under Article 7 of the Rome Statute, which includes inhumane acts intentionally causing great suffering when committed as part of a widespread or systematic attack against a civilian population.

The winter energy campaign is both widespread and systematic. It is repeated annually. It targets civilians as civilians. And it is carried out with full awareness of its humanitarian consequences.

Whether prosecutors eventually argue genocide or not, this form of warfare is already illegal.

Why this matters beyond Ukraine

Some in the West still frame Russia’s energy strikes as part of a familiar escalation-de-escalation cycle — brutal, yes, but not fundamentally different from other wars.

That view is dangerously complacent.

What Russia is normalizing is the environmental manipulation of civilian suffering as a core military tactic. Winter, darkness, and infrastructure fragility become force multipliers. This logic can be exported — to other cold climates, to heatwaves, to floods, to droughts. The precedent matters.

If such tactics are tolerated or ambiguously condemned, the laws of war quietly erode. What was once prohibited becomes merely “regrettable.” What was once criminal becomes “contextual.”

Ukraine is not only defending its territory. It is defending the idea that modern warfare still has boundaries.

The Trump-Putin illusion

The brief “energy ceasefire” episode also exposes a deeper problem: the illusion that goodwill gestures can restrain an adversary who has already demonstrated contempt for civilian protection.

President Trump has argued that Vladimir Putin respects strength and keeps his word. Yet the record shows that Russia used the pause not for de-escalation, but for rearmament and timing optimization. Missiles and drones were stockpiled. Targets were prepared. Strikes resumed at the most damaging moment.

Ukrainian President Volodymyr Zelenskyy was careful not to dismiss the U.S. initiative outright. Diplomacy, under relentless bombardment, is already difficult. Any attempt to reduce violence deserves consideration.

But diplomacy without enforcement, without consequences for violations, becomes a cover for escalation.

Russia did not merely break a promise to Ukraine. It demonstrated that verbal restraint mechanisms are meaningless when civilian suffering itself is the objective.

Civilian harm as leverage

There is a tendency in international debates to treat civilian harm as a tragic byproduct of war rather than as a bargaining tool. Russia’s winter campaign challenges that assumption.

By collapsing heating systems, Moscow increases pressure on Ukrainian society to concede, on European partners to push for negotiations, and on Western governments to prioritize “stability” over accountability. Suffering becomes leverage.

This logic is not new. Siege warfare has always exploited deprivation. What is new is the scale, technological precision, and legal normalization attempts in a modern European war.

And this is precisely why the legal framing matters.

Accountability is not optional

International law is only as strong as the willingness to enforce it. Ukraine has documented thousands of attacks on civilian infrastructure. The UN has verified civilian casualty spikes. European governments have assessed the same data.

The question is no longer whether the facts exist. It is whether the international community is prepared to treat this conduct as what it is, not what is convenient.

Winter will come again. So will the missiles.

If Russia’s use of winter as a weapon is allowed to pass without legal consequence, it will not remain a Russian tactic. It will become a lesson learned — and repeated.

Ukraine is freezing today not because war is chaotic, but because cruelty has been engineered. International law was written precisely for moments like this.

The only question left is whether it still matters.

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