Reframing the 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.

10 Protection of the Environment in Relation to Armed Conflicts

The Handbook of International Humanitarian Law ◽

10.1093/law/9780198847960.003.0010 ◽

2021 ◽

Author(s):

Bothe Michael

Keyword(s):

International Law ◽

Armed Conflict ◽

Armed Conflicts ◽

Environmental Damage ◽

Environmental Consequences ◽

Long Time ◽

Work Programme ◽

The Subject ◽

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.

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.

Diplomatic protection in international law and the United Nations

Zbornik Matice srpske za drustvene nauke ◽

10.2298/zmsdn1345667m ◽

2013 ◽

pp. 667-681

Author(s):

Bojan Milisavljevic

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Customary Law ◽

Diplomatic Protection ◽

History Of ◽

The United Nations ◽

The Impact ◽

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

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.

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.

Inviolability of the Archives

10.1093/law/9780198703969.003.0022 ◽

2016 ◽

Author(s):

Denza Eileen

Keyword(s):

International Law ◽

Armed Conflict ◽

Vienna Convention ◽

Diplomatic Relations ◽

Confidential Information ◽

This chapter considers Article 24 of the Vienna Convention on Diplomatic Relations which deals with the inviolability of the archives. Article 24 states that the archives and documents of the diplomatic mission shall be inviolable at any time and wherever they may be. In essence, the Article highlights the protection of confidential information. The chapter describes the developments made by the International Law Commission and the Vienna Conference to extend the principle of inviolability of archives and documents. The expression ‘inviolable’ was chosen by the Commission to convey both that the receiving State must abstain from any interference through its own authorities and that it owes a duty of protection of the archives in respect of unauthorized interference by others. Secondly, the Vienna Conference added the words ‘at any time’ in order to make clear that inviolability continued without interruption on the breaking of diplomatic relations or in the event of armed conflict.

The Fifty-Seventh Session of the International Law Commission

10.1017/s0002930000016730 ◽

2006 ◽

Vol 100 (2) ◽

pp. 416-428 ◽

Cited By ~ 1

Author(s):

Michael J. Matheson

Keyword(s):

Natural Resources ◽

International Law ◽

Armed Conflict ◽

Diplomatic Protection ◽

International Liability ◽

Fragmentation Of International Law ◽

The International Law Commission held its fifty-seventh session in Geneva from May 2 to June 3, and from July 11 to August 5, 2005. The Commission continued its work on shared natural resources, reservations to treaties, responsibility of international organizations, unilateral acts of states, and fragmentation of international law. It began work on the effect of armed conflict on treaties and expulsion of aliens, and decided to begin work next year on the obligation to prosecute or extradite. It took no further action for the time being on diplomatic protection or on international liability for transboundary harm, pending the receipt of comments from governments on the texts adopted on first reading in 2004.

Critical perspectives on environmental protection in non-international armed conflict: Developing the principles of distinction, proportionality and necessity

Leiden Journal of International Law ◽

10.1017/s0922156519000372 ◽

2019 ◽

Vol 32 (4) ◽

pp. 759-779

Author(s):

Tara Smith

Keyword(s):

International Law ◽

Environmental Protection ◽

Armed Conflict ◽

Critical Examination ◽

Ongoing Debate ◽

Customary International Law ◽

Military Necessity ◽

Law Commission ◽

Critical Perspectives

AbstractThis article presents a timely and relevant critical examination of the customary international law principles of distinction and proportionality, and the doctrine of military necessity and the extent to which they can be better interpreted to protect the environment during the conduct of hostilities in non-international armed conflict. In so doing, this article contributes new perspectives to the ongoing debate on how environmental protection ought to be enhanced during non-international armed conflict. The article also suggests ways in which the International Law Commission (ILC) might approach the development of draft principles based on these customary principles as part of their current programme of work.

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.