Protection of the Environment in Relation to Armed Conflicts—A Preliminary Comment on the Work of the International Law Commission

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.

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.

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

The American Journal of International Law ◽

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.

The International Law Commission's Draft Articles on the Effects of Armed Conflicts on Treaties: Evaluating the Applicability of Impossibility of Performance and Fundamental Change

Asian Journal of International Law ◽

10.1017/s204425131200032x ◽

2013 ◽

Vol 3 (1) ◽

pp. 51-76

Author(s):

Benny TAN Zhi Peng

Keyword(s):

International Law ◽

Armed Conflicts ◽

Controversial Issue ◽

Vienna Convention ◽

Fundamental Change ◽

Insufficient Attention ◽

The Law ◽

The International Law Commission recently completed its work on the controversial issue of the effects of armed conflicts on treaties, culminating in the adoption of a set of eighteen draft articles and an annex. The Commission's efforts are nothing short of commendable, but this article argues that insufficient attention has been paid to the role of supervening impossibility of performance and fundamental change of circumstances in determining the effects of armed conflicts on treaties. Although both doctrines may in fact appropriately apply in the context of armed conflicts, the mere referencing of them in the adopted draft articles gives rise to several problems. In particular, the two doctrines were codified by the 1969 Vienna Convention on the Law of Treaties without their application to armed conflicts in mind. Some changes to the draft articles are proposed to address these difficulties.

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.

Legal Protection of the Environment

10.1093/oso/9780198784630.003.0010 ◽

2017 ◽

Author(s):

Dieter Fleck

Keyword(s):

International Law ◽

Environmental Protection ◽

Natural Environment ◽

Legal Protection ◽

Armed Conflicts ◽

Jus Post Bellum ◽

Post Conflict ◽

Law Commission ◽

Critical Situations

This chapter examines principles and rules on environmental protection in two critical situations: non-international armed conflicts and post-conflict peacebuilding. What kind of environmental obligations apply in bello between a government and rebels? In what sense are parties to the conflict accountable for environmental devastation? May states be liable also for injurious consequences of acts not explicitly prohibited under international law? How can their obligations be enforced? Furthermore, issues of post-conflict peacebuilding are discussed to explore whether specific principles and rules of jus post bellum are relevant for the protection of the natural environment. While certain aspects of the protection of the environment in relation to armed conflicts appear to be still unclear, some recommendations are developed in support of efforts currently undertaken in the International Law Commission.

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.

Legal Protection of the Environment

Just Peace After Conflict ◽

10.1093/oso/9780198823285.003.0009 ◽

2020 ◽

pp. 149-164

Author(s):

Dieter Fleck

Keyword(s):

International Law ◽

Environmental Protection ◽

Natural Environment ◽

Legal Protection ◽

Armed Conflicts ◽

Jus Post Bellum ◽

Post Conflict ◽

Law Commission ◽

Critical Situations

This chapter examines principles and rules on environmental protection in two critical situations: non-international armed conflicts and post-conflict peacebuilding. What kind of environmental obligations apply in bello between a government and rebels? In what sense are parties to the conflict accountable for environmental devastation? May states be liable also for injurious consequences of acts not explicitly prohibited under international law? How can their obligations be enforced? Furthermore, issues of post-conflict peacebuilding are discussed to explore whether specific principles and rules of jus post bellum are relevant for the protection of the natural environment. While certain aspects of the protection of the environment in relation to armed conflicts appear to be still unclear, some recommendations are developed in support of efforts currently undertaken by the International Law Commission.

Non-State Actors from the Perspective of the International Law Commission

SSRN Electronic Journal ◽

10.2139/ssrn.2220114 ◽

2011 ◽

Author(s):

Gentian Zyberi

Keyword(s):

International Law ◽

State Actors ◽