10 Protection of the Environment in Relation to Armed Conflicts

This chapter describes the protection of the environment in relation to armed conflict. Armed conflicts have had serious consequences on the environment which may last a long time after a conflict has ended. Starting in the 1970s, the matter of the protection of the environment during times of armed conflict became the object of political initiatives and controversy. In recent years, efforts to develop, or at least codify, international law concerning the protection of the environment in relation to armed conflict were revived. In 2011, the International Law Commission (ILC) decided to include the topic ‘Protection of the Environment in relation to Armed Conflict’ to its work programme. The formulation of the subject means that the ILC is not only concerned with environmental damage caused during armed conflict, but also with measures that might be taken in peacetime and with environmental consequences of an armed conflict after the end of the conflict, for example toxic remnants of war.

Protecting the Environment During and After Armed Conflict, the International Law Commission and an Overdue Due Diligence Duty for Corporations

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-bja10037 ◽

2021 ◽

Vol 12 (2) ◽

pp. 314-343

Author(s):

Alexandra Wormald

Keyword(s):

International Law ◽

Armed Conflict ◽

Armed Conflicts ◽

Due Diligence ◽

Stakeholder Consultation ◽

Global Consensus ◽

Abstract Recent years have seen a rising global consensus on the need to ensure appropriate protections for the environment during and after armed conflict. In this context, the International Law Commission provisionally adopted 28 draft principles on the protection of the environment in relation to armed conflicts in July 2019. With stakeholder consultation having concluded in June 2021, this article investigates what practical impacts the corporate due diligence and liability provisions in the draft principles are likely to have on the protection of the environment during and after armed conflict, should the principles be implemented as currently drafted.

Dilemmas over individual and state responsibility for violations of international humanitarian law

Medjunarodni problemi ◽

10.2298/medjp0404345m ◽

2004 ◽

Vol 56 (4) ◽

pp. 345-369

Author(s):

Keneth Mengjo

Keyword(s):

International Law ◽

Legal Issues ◽

Armed Conflicts ◽

International Humanitarian Law ◽

State Responsibility ◽

Human Suffering ◽

Humanitarian Law ◽

The Subject ◽

This paper attempts an explanation to some of the complex legal issues surrounding the whole concept of responsibility for violations of international humanitarian law. The arguments here are based on reflections on the draft articles on the responsibility of states for the violations of international humanitarian law adopted by the international law commission as well as opinions of experts on the subject, treaties, conventions international jurisprudence, and internationally recognized principles and customs that govern conduct in armed conflicts so as to limit human suffering particularly of non combatants.

Reframing the Remnants of War

10.1093/oso/9780198784630.003.0019 ◽

2017 ◽

Author(s):

Doug Weir

Keyword(s):

Civil Society ◽

International Law ◽

Armed Conflict ◽

Environmental Risks ◽

Environmental Damage ◽

Raising Awareness ◽

Explosive Remnants Of War ◽

The Impact ◽

Since 2011, states and civil society have sought to draw attention to the health and environmental risks from the toxic remnants of war; a process that has led to the International Law Commission proposing a draft principle that obliges states to help minimize their risks to the environment following conflicts. In addition to raising awareness of the impact and legacy of conflict pollution, the process has helped to reverse the historical decoupling of explosive remnants of war from other physical and toxic war remnants. Itself a product of the humanitarian advocacy framing promoted by the civil society-led campaign against anti-personnel landmines. The new draft principle on the toxic and hazardous remnants of war, which is one of several proposed to help address and remedy environmental damage following conflicts, could eventually help fill a gap in how the international community responds to pollution caused or exacerbated by armed conflict.

The penal repression of violations of international humanitarian law applicable in non-international armed conflicts

International Review of the Red Cross ◽

10.1017/s0020860400075938 ◽

1990 ◽

Vol 30 (278) ◽

pp. 409-420 ◽

Cited By ~ 8

Author(s):

Denise Plattner

Keyword(s):

International Law ◽

Armed Conflict ◽

Good Reason ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Effective Measure ◽

Peace And Security ◽

At a time when non-international armed conflicts are increasing in number, it may be interesting to examine the implementation of international humanitarian law (IHL) applicable in these conflicts. To ensure its respect in international armed conflict, this law provides for the penal repression of certain violations. Used with discernment, especially for preventive purposes, this is undoubtedly an effective measure. There is good reason, therefore, also in view of the work of the International Law Commission (ILC) on a draft code of crimes against the peace and security of mankind, to see whether penal repression of the violations of international humanitarian law applicable in non-international armed conflicts should be promoted.

The Fifty-Sixth Session of the International Law Commission

10.2307/3246099 ◽

2005 ◽

Vol 99 (1) ◽

pp. 211-221 ◽

Cited By ~ 2

Author(s):

Michael J. Matheson

Keyword(s):

International Law ◽

Armed Conflict ◽

Diplomatic Protection ◽

Sixth Session ◽

International Liability ◽

Fragmentation Of International Law ◽

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

Leiden Journal of International Law ◽

10.1017/s0922156598000247 ◽

1998 ◽

Vol 11 (2) ◽

pp. 321-344 ◽

Cited By ~ 2

Author(s):

Malgosia Fitzmaurice

Keyword(s):

International Law ◽

Legal Status ◽

Case Analysis ◽

Vienna Convention ◽

Fundamental Change ◽

Unilateral Termination ◽

The Subject ◽

The Law ◽

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

10.5305/amerjintelaw.106.2.0322 ◽

2012 ◽

Vol 106 (2) ◽

pp. 322-340 ◽

Cited By ~ 3

Author(s):

Donald McRae

Keyword(s):

International Law ◽

Armed Conflicts ◽

General Assembly ◽

Un General Assembly ◽

The Law ◽

Transboundary Aquifers ◽

Law Commission ◽

The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the International Law Commission

10.5305/amerjintelaw.107.1.0164 ◽

2013 ◽

Vol 107 (1) ◽

pp. 164-177 ◽

Cited By ~ 8

Author(s):

Sean D. Murphy

Keyword(s):

International Law ◽

Armed Conflict ◽

First Year ◽

Fourth Session ◽

Transboundary Aquifers ◽

The International Law Commission held its sixty-fourth session in Geneva from May 7 to June 1, and from July 2 to August 3, 2012, under the chairmanship of Lucius Caflisch. The session marked the first year of a new quinquennium (2012–2016), with the Commission having completed its work during the prior quinquennium (2007–2011) on four major topics: transboundary aquifers, effects of armed conflict on treaties, reservations to treaties, and responsibility of international organizations.

The Fifty-Eighth Session of the International Law Commission

10.1017/s0002930000030153 ◽

2007 ◽

Vol 101 (2) ◽

pp. 407-441

Author(s):

Michael J. Matheson

Keyword(s):

International Law ◽

Armed Conflict ◽

Diplomatic Protection ◽

International Liability ◽

Fragmentation Of International Law ◽

Transboundary Aquifers ◽

The International Law Commission (ILC) of the United Nations held its fifty-eighth session in Geneva from May 1 to June 9, and from July 3 to August 11, 2006. This was the final year of the Commission's most recent five-year term (or quinquennium), and it finished work on several topics by completing sets of draft articles on diplomatic protection, principles on international liability for transboundary harm, “guiding principles” on unilateral acts, and conclusions on fragmentation of international law. The Commission also completed its first reading of articles on transboundary aquifers; continued its work on reservations to treaties, responsibility of international organizations, and the effect of armed conflict on treaties; began its consideration of the obligation to extradite or prosecute and the expulsion of aliens; and added a variety of new topics to its long-term program.

Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission

10.1017/s0002930000763196 ◽

2016 ◽

Vol 110 (4) ◽

pp. 718-745 ◽

Cited By ~ 3

Author(s):

Sean D. Murphy

Keyword(s):

International Law ◽

Armed Conflicts ◽

Crimes Against Humanity ◽

Customary International Law ◽

United Nations General ◽

Insufficient Time ◽

Limitations And Exceptions ◽

Jus Cogens ◽

The International Law Commission held its sixty-eighth session in Geneva from May 2 to June 10, and from July 4 to August 12, 2016, under the chairmanship of Pedro Comissário Afonso (Mozambique). Notably, the Commission completedonsecond reading a full set of eighteen draft articles with commentaries on the protection of persons in the event of disasters and recommended to the United Nations General Assembly that it elaborate a convention based on the draft articles.Additionally, the Commission adopted on first reading a complete set of draft conclusions, with commentaries, for two topics: identification of customary international law; and subsequent agreements and subsequent practice in relation to the interpretation of treaties. As such, both topics might be completed by the Commission on second reading in 2018.Progress was also made in developing draft articles on crimes against humanity; draft guidelines on protection of the atmosphere; draft conclusions on jus cogens; and draft principles on protection of the environment in relation to armed conflicts. The Commission commenced a debate on a proposed draft article on “limitations and exceptions” to the immunity of state officials from foreign criminal jurisdiction, but, due to insufficient time, the debate will continue in 2017. Furthermore, an additional proposed guideline on the provisional application of treaties was sent to the drafting committee. The Commission decided to add two new topics to its long-term work program: the settlement of international disputes to which international organizations are parties; and succession of states in respect of state responsibility.