Law of Armed Conflict in Non-International Hostilities: The Militarisation of Wildlife Conservation in Africa

Abstract

Abstract This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.