Water Resources: International Legal Protection during Armed Conflict

The paper examines the issues of international legal protection of water resources and related infrastructure, including water management, during armed conflicts. General humanitarian obligations, as well as special norms related to the protection of the natural environment during armed conflict, are the main subject of the analysis. Although the norms of international humanitarian law (hereinafter referred to as IHL) are of key importance for the application during armed conflicts, nevertheless, the norms for the protection of water resources, established primarily by international environmental law, can enhance their effectiveness by formulating, in particular, an obligation not to cause significant damage or a general obligation to cooperate. The issues of interaction and conflicts between the norms of IHL and international environmental law are the most difficult in terms of classification and application, since the prohibitions provided for by IHL are aimed at protecting civilians and civilian objects. International environmental law ensures the protection of water resources as a natural object of independent value. In addition to the norms of international law, the norms of recommendations play a serious role in protecting water resources and related infrastructure. The potential of their usefulness is explained by the following circumstances: applicability both in international armed conflicts and non-international armed conflicts; formulation of recommendations without prejudice to international legal obligations; the ability to recommend non-state actors to take measures to protect water resources and related infrastructure; assistance in interpreting international law.

1. David E. Principles of the Law of Armed Conflict: A course of lectures delivered at the Faculty of Law of the Open University of Brussels. Moscow: MKKK Publ.; 2011. (In Russ.).

2. Mammadov UYu. The Protection of the Environment during Armed Conflicts in the Context of International Humanitarian Law. Zhurnal Rossiyskogo Prava [Journal of Russian Law]. 2015;3:117-129. (In Russ.).

3. Rusinova VN. Human rights in armed conflicts: Problems of correlation between the norms of international humanitarian law and human rights. Moscow: Statut Publ.; 2017. (In Russ.).

4. Teymurov ES. International legal regulation of rational use and protection of freshwater. Moscow: Statut Publ.; 2019. (In Russ.).

5. Stefanik K. The Environment and Armed Conflict: Employing General Principles to Protect the Environment. Environmental Protection and Transitions from Conflict to Peace. Edited by C. Stahn, J. Iverson, J.S. Easterday. Oxford: OUP; 2017.

6. Tignino M, Kebebew T. The Legal Protection of Freshwater Resources and Related Installations during Warfare. Journal of International Criminal Justice. 2023;20(5):1191-1228.