Protecting The Environment During Armed Conflict PDF Download

Environmental protection during and after armed conflict has gained significant momentum, as evinced by the proposed inclusion of a provision related to the topic in the draft Global Pact for the Environment and by the relevant work of the United Nations International Law Commission, which culminated in the recent adoption on first reading of draft principles on the protection of the environment in relation to armed conflicts. On the other hand, it is a truism that during and post-armed conflict, humanitarian considerations rank higher on the agenda of priorities of the international community. Against this background, I argue that the pluralistic stewardship approach, which accounts for the interaction of multiple value systems, informs and enriches our understanding of the interests and dynamics that underpin the normative landscape of environmental protection during and after armed conflict. By adopting this approach, the thesis sheds light on the protection of the environment against the impacts of armed conflict. Chapter I introduces and situates the inquiry, while Chapter II explores the normative terrain of international humanitarian law (IHL) as applied to environmental protection, both direct and indirect, during armed conflict. Subsequently, Chapter III deals with the continued applicability of international environmental law (IEL) in times of armed conflict, arguing that IEL provisions can furnish added value to the protection afforded by IHL. On a similar note, I highlight that area-defined protection in the form of designated protected zones holds substantial protective potential. Then, Chapter IV addresses the topic of environmental protection after an armed conflict within the conceptual framework of jus post bellum. In the first part, I outline the general obligations of an occupying power relating to the protection of the environment, and then discuss the obligations of an occupying power stemming from the IHL provisions on 'enemy property'. Turning to the post-armed conflict phase stricto sensu, it is demonstrated that the duty to cooperate under IEL comprises the backbone of pertinent remedial measures. The final chapter is dedicated to reparations for wartime environmental damage, detailing the relevant normative landscape and delving into the practice of international judicial bodies. Though a gradual shift is taking place in specific judicial and non-judicial fora, the most important shift needs to happen in a culture that usually, if not always, places environmental protection at a lower level of priority as compared to other needs.