International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.

The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

1. David E. Printsipy prava vooruzhennykh konfliktov [Principles of law of armed conflict]. Tr. from Fr. Moscow; 2011 (In Russ.).

2. Mammadov UYu. Pravovye osnovy i praktika zashchity kasayushchikhsya okruzhayushchey sredy prav cheloveka v svyazi s vooruzhennymi konfliktami [Legal Framework and Practice for the Protection of Environmental Human Rights in the Context of Armed Conflicts]. Lex russica. 2018;2:119-128 (In Russ.).

3. Mezhdunarodnoe gumanitarnoe pravo i vyzovy sovremennykh vooruzhennykh konfliktov [International Humanitarian Law and Challenges of Modern Armed Conflicts]. International Journal of the Red Cross. 2007;81(867):2-51 (In Russ.).

4. Khenkerts Dzh-M, Doswald-Beck L. Obychnoe mezhdunarodnoe gumanitarnoe pravo [Customary International Humanitarian Law]. Vol. I. Norms. ICRC; 2006 (In Russ.).

5. Sandoz Y, Swinarski Ch, Zimmerman B, editors. Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949. International Committee of the Red Cross. Geneva : Martinus Nijhoff Publishers; 1987.

6. Doswald-Beck l, editor. Explanation accompanying the San Remo Manual. In:San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, Prepared by international lawyers and naval experts convened by the International Institute of Humanitarian Law. Cambridge University Press; 1995.

7. Gisel L. The relevance of revenue-generating objects in relation to the notion of military objective. Proceedings of the Bruges Colloquium: The Additional Protocols at 40: Achievements and Challenges; 2017.

8. Henckaerts J-M, Doswald-Beck L. Customary International Humanitarian Law. Vol. I: Rules. Cambridge; 2009.

9. Hulme К. Taking care to protect the environment against damage: a meaningless obligation? Int. Review of the Red Cross. 2010;92(879):675-691.

10. ICRC. A Guide to the Legal Review of New Weapons, Means and Methods of Warfare. Geneva; 2006.

11. ICRC. Guidelines for the protection on the natural environment in armed conflict. Geneva, 2020.