Pub Date : 2023-09-06DOI: 10.1017/s1816383123000358
Raphaël van Steenberghe
The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and institutions like the International Law Commission have started to reflect on how to better protect the environment in armed conflict through the lens of another branch of international law, namely, international environmental law (IEL). Such an approach has involved examining the interplay between IHL and IEL, and scholars have subsequently proposed and then elaborated on frameworks in that respect. This paper intends to identify common trends of those frameworks and to critically appraise them, with the aim of providing a suitable approach to the interplay between IHL and IEL.
{"title":"International environmental law as a means for enhancing the protection of the environment in warfare: A critical assessment of scholarly theoretical frameworks","authors":"Raphaël van Steenberghe","doi":"10.1017/s1816383123000358","DOIUrl":"https://doi.org/10.1017/s1816383123000358","url":null,"abstract":"\u0000 The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and institutions like the International Law Commission have started to reflect on how to better protect the environment in armed conflict through the lens of another branch of international law, namely, international environmental law (IEL). Such an approach has involved examining the interplay between IHL and IEL, and scholars have subsequently proposed and then elaborated on frameworks in that respect. This paper intends to identify common trends of those frameworks and to critically appraise them, with the aim of providing a suitable approach to the interplay between IHL and IEL.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"24 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78260605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-31DOI: 10.1017/s1816383123000310
A. Kron
Potential harm to human rights and the environment, including by corporate actors, is amplified in situations of conflict. This article focuses on applying the right to a healthy environment in relation to armed conflicts and corporate responsibility. In particular, it analyzes and compares due diligence requirements in the European Union Conflict Minerals Regulation and the International Law Commission's Draft Principles on Protection of the Environment in Relation to Armed Conflicts and examines how these align with the right to a healthy environment.
{"title":"At the frontlines of implementing the right to a healthy environment: Understanding human rights and environmental due diligence in relation to armed conflicts","authors":"A. Kron","doi":"10.1017/s1816383123000310","DOIUrl":"https://doi.org/10.1017/s1816383123000310","url":null,"abstract":"\u0000 Potential harm to human rights and the environment, including by corporate actors, is amplified in situations of conflict. This article focuses on applying the right to a healthy environment in relation to armed conflicts and corporate responsibility. In particular, it analyzes and compares due diligence requirements in the European Union Conflict Minerals Regulation and the International Law Commission's Draft Principles on Protection of the Environment in Relation to Armed Conflicts and examines how these align with the right to a healthy environment.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"9 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91112149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-31DOI: 10.1017/s1816383123000309
Felicia Wartiainen
Actors engaging in a diverse set of environmental protection activities are experiencing serious difficulties executing their mandates during armed conflict, leading to environmental harm that could otherwise have been mitigated. This article examines to what extent the international legal and policy framework can ensure the protection of environmental protection actors during armed conflict. It is argued that environmental protection actors can be seen either as part of civil defence organizations or as humanitarian relief actors, and are therefore covered by special protections under international humanitarian law. However, two main challenges remain: (1) despite these existing provisions, environmental protection actors may still face access and safety issues during armed conflict, and (2) within this framework, environmental protection activities must be linked to civilian needs and cannot be conducted based on ecocentric motivations. To overcome these challenges, the article introduces the concept of “environmentarian corridors”. Environmentarian corridors would allow for the unimpeded movement of environmental protection workers and resources through contested territory and into emergency areas to protect the environment. They would also serve to increase awareness about obligations to protect the environment and would help to ensure the safety of environmental protection actors during armed conflict, as the role and mandate of these actors is explicitly accepted by stakeholders. Additionally, environmentarian corridors offer potential for conducting environmental protection activities on ecocentric grounds. The article concludes by advocating for stakeholders to employ the provisions and concepts articulated herein as a means to further promote and strengthen initiatives aimed at protecting the environment during armed conflict.
{"title":"Time for “environmentarian corridors”? Investigating the concept of safe passage to protect the environment during armed conflict","authors":"Felicia Wartiainen","doi":"10.1017/s1816383123000309","DOIUrl":"https://doi.org/10.1017/s1816383123000309","url":null,"abstract":"\u0000 Actors engaging in a diverse set of environmental protection activities are experiencing serious difficulties executing their mandates during armed conflict, leading to environmental harm that could otherwise have been mitigated. This article examines to what extent the international legal and policy framework can ensure the protection of environmental protection actors during armed conflict. It is argued that environmental protection actors can be seen either as part of civil defence organizations or as humanitarian relief actors, and are therefore covered by special protections under international humanitarian law. However, two main challenges remain: (1) despite these existing provisions, environmental protection actors may still face access and safety issues during armed conflict, and (2) within this framework, environmental protection activities must be linked to civilian needs and cannot be conducted based on ecocentric motivations. To overcome these challenges, the article introduces the concept of “environmentarian corridors”. Environmentarian corridors would allow for the unimpeded movement of environmental protection workers and resources through contested territory and into emergency areas to protect the environment. They would also serve to increase awareness about obligations to protect the environment and would help to ensure the safety of environmental protection actors during armed conflict, as the role and mandate of these actors is explicitly accepted by stakeholders. Additionally, environmentarian corridors offer potential for conducting environmental protection activities on ecocentric grounds. The article concludes by advocating for stakeholders to employ the provisions and concepts articulated herein as a means to further promote and strengthen initiatives aimed at protecting the environment during armed conflict.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"22 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83444496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-25DOI: 10.1017/s1816383123000322
Mara Tignino, T. Kebebew
Given the increasing size and functions of United Nations (UN) peace operations (POs) and the fact that they often operate in contexts where natural resources are degraded, POs have repercussions on the environment. Yet, there is not much literature on their obligations regarding the protection of the environment in relation to armed conflicts. This article provides insights into the obligations of POs in relation to armed conflict. First, it highlights POs’ customary international environmental law obligations. Second, it delves into their environmental obligations under the UN's internal rules and the host State's laws. Third, it explores obligations that arise from their mandates. In each of these sections, the article highlights the relevance and application of these obligations in armed conflicts. The last section examines the obligations of POs to protect the natural environment under international humanitarian law.
{"title":"A galaxy of norms: UN peace operations and protection of the environment in relation to armed conflict","authors":"Mara Tignino, T. Kebebew","doi":"10.1017/s1816383123000322","DOIUrl":"https://doi.org/10.1017/s1816383123000322","url":null,"abstract":"\u0000 Given the increasing size and functions of United Nations (UN) peace operations (POs) and the fact that they often operate in contexts where natural resources are degraded, POs have repercussions on the environment. Yet, there is not much literature on their obligations regarding the protection of the environment in relation to armed conflicts. This article provides insights into the obligations of POs in relation to armed conflict. First, it highlights POs’ customary international environmental law obligations. Second, it delves into their environmental obligations under the UN's internal rules and the host State's laws. Third, it explores obligations that arise from their mandates. In each of these sections, the article highlights the relevance and application of these obligations in armed conflicts. The last section examines the obligations of POs to protect the natural environment under international humanitarian law.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"4 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75291696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-22DOI: 10.1017/s1816383123000334
Eva Baudichau
Abstract This article explores the legal obligations of Occupying Powers with regard to climate change adaptation for local populations and their environment under the law of occupation, specifically in the context of prolonged belligerent occupations. It focuses on the critical matter of water and food security, in light of the increasing frequency and severity of extreme weather events. After shedding light on the intricate issues that arise at the intersection of climate change and belligerent occupation, the article argues that the general obligations incumbent upon the Occupying Power under occupation law, when viewed through a climate lens, can be construed as addressing the heightened climate vulnerability faced by occupied populations.
{"title":"Another brick in the wall: Climate change (in)adaptation under the law of belligerent occupation","authors":"Eva Baudichau","doi":"10.1017/s1816383123000334","DOIUrl":"https://doi.org/10.1017/s1816383123000334","url":null,"abstract":"Abstract This article explores the legal obligations of Occupying Powers with regard to climate change adaptation for local populations and their environment under the law of occupation, specifically in the context of prolonged belligerent occupations. It focuses on the critical matter of water and food security, in light of the increasing frequency and severity of extreme weather events. After shedding light on the intricate issues that arise at the intersection of climate change and belligerent occupation, the article argues that the general obligations incumbent upon the Occupying Power under occupation law, when viewed through a climate lens, can be construed as addressing the heightened climate vulnerability faced by occupied populations.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135670763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-17DOI: 10.1017/s1816383123000292
M. Sharpe
Analyses of the humanitarian principles of humanity, neutrality, impartiality and independence often focus on the principles’ meanings and/or the challenges of applying them in practice. This article, by contrast, steps back to address foundational but somewhat neglected questions about whether these principles can accurately be designated “the” humanitarian principles; about how they came to govern the whole humanitarian sector; about their legal character and normative content; and, more fundamentally, about whether the principles can even have objective character and content. It begins by defining “humanitarian principles” and determining whether and on what basis certain principles constitute “the” humanitarian principles. The article then traces the history of how the principles came to govern the International Red Cross and Red Crescent Movement and diffused from there to non-governmental organizations and the United Nations system. It then analyzes the principles’ legal character and normative content for each of the above-mentioned categories of actor plus States, demonstrating that the principles do not – and, legally, cannot – have fixed legal character and normative content. While humanitarian actors share common understandings of the principles, legally the character and content of each principle flows from its source for the actor in question.
{"title":"It's all relative: The origins, legal character and normative content of the humanitarian principles","authors":"M. Sharpe","doi":"10.1017/s1816383123000292","DOIUrl":"https://doi.org/10.1017/s1816383123000292","url":null,"abstract":"\u0000 Analyses of the humanitarian principles of humanity, neutrality, impartiality and independence often focus on the principles’ meanings and/or the challenges of applying them in practice. This article, by contrast, steps back to address foundational but somewhat neglected questions about whether these principles can accurately be designated “the” humanitarian principles; about how they came to govern the whole humanitarian sector; about their legal character and normative content; and, more fundamentally, about whether the principles can even have objective character and content. It begins by defining “humanitarian principles” and determining whether and on what basis certain principles constitute “the” humanitarian principles. The article then traces the history of how the principles came to govern the International Red Cross and Red Crescent Movement and diffused from there to non-governmental organizations and the United Nations system. It then analyzes the principles’ legal character and normative content for each of the above-mentioned categories of actor plus States, demonstrating that the principles do not – and, legally, cannot – have fixed legal character and normative content. While humanitarian actors share common understandings of the principles, legally the character and content of each principle flows from its source for the actor in question.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"85 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80944146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-11DOI: 10.1017/s1816383123000255
M. Gillett
Throughout history, armed conflicts have frequently seen serious harm committed against the natural environment. From the early 1960s to 1971, the United States used Agent Orange to defoliate large tracts of Vietnamese forests. In the 1990s, Saddam Hussein vengefully ordered the burning of Kuwaiti oil wells, resulting in massive pollution to the air, land and surrounding seas. More recently, ecocentric harm has been documented in the Colombian civil war, by the so-called Islamic State group, and in the Ukraine conflict, among others. Whilst international humanitarian law (IHL) contains several prohibitions against environmental harm, the most striking is Article 55(2) of Additional Protocol I, whereby “[a]ttacks against the natural environment by way of reprisals are prohibited”. Although this provision appears absolute and unconditional, critical questions persist regarding its status under customary international law and its applicability in non-international armed conflicts. Moreover, its criminalization has not been explored in the jurisprudence of international courts or in the relevant scholarly literature, despite the fact that penal sanctions against individuals are an important factor for enforcement of environmental protections. To fill the lacuna, the following analysis examines the prohibition and criminalization of reprisals against the natural environment. It reviews conventional and customary international law to determine the current status of a putative criminal prohibition and its potential as lex ferenda. Importantly, it also assesses the relevance of reprisals against the natural environment for prosecutions under existing war crimes, such as attacks on civilian objects and destruction of enemy property. It generates novel insights for the application of international law to ecocentric harm, including that (1) reprisals against the natural environment are not criminal per se, but (2) conceptualizing the environment as a civilian object opens up clear paths for prosecuting attacks, including reprisals, against it; (3) the inherently intentional nature of reprisals has far-reaching implications for their prosecution; (4) reprisals can significantly impact the pivotal test of military necessity which arises in criminal prohibitions such as that found in Article 8(2)(b)(iv) of the Rome Statute; and (5) situations of reprisals could impact the application of the proposed definition of ecocide. Traversing IHL and international criminal law (ICL), the article identifies ways in which these traditionally anthropocentric bodies of law can be reoriented to accommodate ecocentric values. This reconceptualization is significant, as the prospect of criminal sanctions is critical for deterring potential perpetrators and potentially adds a basis for reparations designed to remediate damage to the environment. The assessment redresses the fact that the natural environment has been seen as a peripheral matter under both IHL and ICL and has
{"title":"Criminalizing reprisals against the natural environment","authors":"M. Gillett","doi":"10.1017/s1816383123000255","DOIUrl":"https://doi.org/10.1017/s1816383123000255","url":null,"abstract":"\u0000 Throughout history, armed conflicts have frequently seen serious harm committed against the natural environment. From the early 1960s to 1971, the United States used Agent Orange to defoliate large tracts of Vietnamese forests. In the 1990s, Saddam Hussein vengefully ordered the burning of Kuwaiti oil wells, resulting in massive pollution to the air, land and surrounding seas. More recently, ecocentric harm has been documented in the Colombian civil war, by the so-called Islamic State group, and in the Ukraine conflict, among others. Whilst international humanitarian law (IHL) contains several prohibitions against environmental harm, the most striking is Article 55(2) of Additional Protocol I, whereby “[a]ttacks against the natural environment by way of reprisals are prohibited”. Although this provision appears absolute and unconditional, critical questions persist regarding its status under customary international law and its applicability in non-international armed conflicts. Moreover, its criminalization has not been explored in the jurisprudence of international courts or in the relevant scholarly literature, despite the fact that penal sanctions against individuals are an important factor for enforcement of environmental protections.\u0000 To fill the lacuna, the following analysis examines the prohibition and criminalization of reprisals against the natural environment. It reviews conventional and customary international law to determine the current status of a putative criminal prohibition and its potential as lex ferenda. Importantly, it also assesses the relevance of reprisals against the natural environment for prosecutions under existing war crimes, such as attacks on civilian objects and destruction of enemy property. It generates novel insights for the application of international law to ecocentric harm, including that (1) reprisals against the natural environment are not criminal per se, but (2) conceptualizing the environment as a civilian object opens up clear paths for prosecuting attacks, including reprisals, against it; (3) the inherently intentional nature of reprisals has far-reaching implications for their prosecution; (4) reprisals can significantly impact the pivotal test of military necessity which arises in criminal prohibitions such as that found in Article 8(2)(b)(iv) of the Rome Statute; and (5) situations of reprisals could impact the application of the proposed definition of ecocide.\u0000 Traversing IHL and international criminal law (ICL), the article identifies ways in which these traditionally anthropocentric bodies of law can be reoriented to accommodate ecocentric values. This reconceptualization is significant, as the prospect of criminal sanctions is critical for deterring potential perpetrators and potentially adds a basis for reparations designed to remediate damage to the environment. The assessment redresses the fact that the natural environment has been seen as a peripheral matter under both IHL and ICL and has","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"76 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76214378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-03DOI: 10.1017/s1816383123000279
Catherine O’Rourke, A. Martín
Both gender and the environment have traditionally been positioned at the periphery of international humanitarian law (IHL). In recent decades, there has been important progress in moving both concerns closer to its centre; to date, however, an understanding of the intersection of gender and the environment in the legal regulation of armed conflict remains largely underdeveloped. Nevertheless, as the present article documents, there are important similarities in strategies pursued to advance both gender and the environment from the periphery to the mainstream of IHL, namely: first, a focus on sources of IHL, in particular concretizing arguably limited specific treaty content with interpretive guidance and implementation frameworks; second, a conceptual critique of prevailing definitions of “harm” in IHL; and third, advancing, through close empirical documentation and household-level analysis of conflict's effects, understandings of harm that capture so-called “second-round” effects of conflict. Recognizing these important affinities between gender and environment work in IHL, this article draws on these insights to propose a typology of gendered environmental harm in conflict. The article concludes with proposals for enhancing the legal and operational capture under IHL of the gender–conflict–environment nexus.
{"title":"Gender, conflict and the environment: Surfacing connections in international humanitarian law","authors":"Catherine O’Rourke, A. Martín","doi":"10.1017/s1816383123000279","DOIUrl":"https://doi.org/10.1017/s1816383123000279","url":null,"abstract":"\u0000 Both gender and the environment have traditionally been positioned at the periphery of international humanitarian law (IHL). In recent decades, there has been important progress in moving both concerns closer to its centre; to date, however, an understanding of the intersection of gender and the environment in the legal regulation of armed conflict remains largely underdeveloped. Nevertheless, as the present article documents, there are important similarities in strategies pursued to advance both gender and the environment from the periphery to the mainstream of IHL, namely: first, a focus on sources of IHL, in particular concretizing arguably limited specific treaty content with interpretive guidance and implementation frameworks; second, a conceptual critique of prevailing definitions of “harm” in IHL; and third, advancing, through close empirical documentation and household-level analysis of conflict's effects, understandings of harm that capture so-called “second-round” effects of conflict. Recognizing these important affinities between gender and environment work in IHL, this article draws on these insights to propose a typology of gendered environmental harm in conflict. The article concludes with proposals for enhancing the legal and operational capture under IHL of the gender–conflict–environment nexus.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"101 9","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72393898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.1017/s1816383123000280
Lingjie Kong, Yuqing Zhao
While the law of State responsibility, particularly the principle of full reparation, provides general guidance for achieving full reparation, it is not quite obvious what kinds of reparation qualify as “full” and how to actualize full reparation. This article centres on the principles, approaches and methods surrounding full reparation for armed conflict-related environmental damage in the law of State responsibility. It examines how the environment is legally defined as an object of protection under international law, and discusses practical challenges in international compensation for wartime environmental damage. In doing so, it ascertains the underlying objective of full reparation, develops an approach to assessing wartime environmental damage, and draws on experiences of international jurisprudence to quantify compensation for wartime environmental damage.
{"title":"Remedying the environmental impacts of war: Challenges and perspectives for full reparation","authors":"Lingjie Kong, Yuqing Zhao","doi":"10.1017/s1816383123000280","DOIUrl":"https://doi.org/10.1017/s1816383123000280","url":null,"abstract":"\u0000 While the law of State responsibility, particularly the principle of full reparation, provides general guidance for achieving full reparation, it is not quite obvious what kinds of reparation qualify as “full” and how to actualize full reparation. This article centres on the principles, approaches and methods surrounding full reparation for armed conflict-related environmental damage in the law of State responsibility. It examines how the environment is legally defined as an object of protection under international law, and discusses practical challenges in international compensation for wartime environmental damage. In doing so, it ascertains the underlying objective of full reparation, develops an approach to assessing wartime environmental damage, and draws on experiences of international jurisprudence to quantify compensation for wartime environmental damage.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"41 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72395370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.1017/s1816383123000267
S. Bagshaw
In November 2022, eighty-three States endorsed the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas (Political Declaration). The Political Declaration is a new and significant development in the long-standing and ongoing efforts to protect civilians from the use of explosive weapons in populated areas – an issue which has been of growing concern for a number of states, the United Nations, the International Committee of the Red Cross and civil society for more than a decade. The use of explosive weapons in populated areas has been documented to result in widespread civilian deaths and injuries as well as longer-term harm to civilians resulting from damage to or the destruction of hospitals, water and sanitation systems and electrical power grids. Although less researched, the use of explosive weapons in populated areas also plays a prominent role in damaging and destroying the environment in situations of armed conflict. This article examines the potential of the new Political Declaration for strengthening the protection of the environment. An express reference to the environment, and the impact of explosive weapons thereon, exists only in the Declaration's preamble, but the lack of express references to the environment in the Declaration's operative commitments does not mean it lacks potential as a tool for strengthening the protection of the environment. On the contrary, the preambular reference provides an important basis on which to argue that the armed forces of endorsing States must consider the protection of the environment in their efforts to implement a number of the Declaration's key operational commitments.
{"title":"The 2022 Political Declaration on the Use of Explosive Weapons in Populated Areas: A tool for protecting the environment in armed conflict?","authors":"S. Bagshaw","doi":"10.1017/s1816383123000267","DOIUrl":"https://doi.org/10.1017/s1816383123000267","url":null,"abstract":"\u0000 In November 2022, eighty-three States endorsed the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas (Political Declaration). The Political Declaration is a new and significant development in the long-standing and ongoing efforts to protect civilians from the use of explosive weapons in populated areas – an issue which has been of growing concern for a number of states, the United Nations, the International Committee of the Red Cross and civil society for more than a decade.\u0000 The use of explosive weapons in populated areas has been documented to result in widespread civilian deaths and injuries as well as longer-term harm to civilians resulting from damage to or the destruction of hospitals, water and sanitation systems and electrical power grids. Although less researched, the use of explosive weapons in populated areas also plays a prominent role in damaging and destroying the environment in situations of armed conflict.\u0000 This article examines the potential of the new Political Declaration for strengthening the protection of the environment. An express reference to the environment, and the impact of explosive weapons thereon, exists only in the Declaration's preamble, but the lack of express references to the environment in the Declaration's operative commitments does not mean it lacks potential as a tool for strengthening the protection of the environment. On the contrary, the preambular reference provides an important basis on which to argue that the armed forces of endorsing States must consider the protection of the environment in their efforts to implement a number of the Declaration's key operational commitments.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"7 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90121264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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