RESEARCH PROJECT ON “WAR, ENVIRONMENT AND HUMAN RIGHTS”

In Partial Fulfillment of the degree of Masters In Law

Submitted By: Submitted To:

Bhoomika Ahuja Ms. Neha Khurana

2019 LL.M. 21 Assistant Professor

NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL
 CHAPTER 1 - INTRODUCTION

“Every inhabitant of this planet must contemplate the day when this planet may no longer be
habitable .The weapons of war must be abolished before they abolish us.”1

-John F. Kennedy

The title for the proposed project is “WAR ENVIRONMENT AND HUMAN RIGHTS”. War
and military activities have obvious detrimental impacts on the environment. Weaponry, troop
movements, land mines, creation and destruction of buildings, destruction of forests by
defoliation or general military usage, poisoning of water sources, target-shooting of animals for
practice, consumption of endangered species out of desperation etc., are just some of the
examples of how both war and peacetime military activities (such as training, base construction,
and transportation of weaponry) harm the environment. From a legal standpoint, environmental
protection during times of war and military activities is addressed partially by international
environmental law. Further sources are also found in areas of law such as general international
law, the laws of war, human rights law and local laws of each affected country.

It will be brought forward that the vulnerability of environment due to war has caused
devastating effects. Lack of imposition of responsibility on individuals and state tends to dampen
the health of environment. The project will tend to highlight the challenges faced by environment
due to war and how environmental problems can lead to war.

REVIEW OF LITERATURE

“The Effects of War on the Environment” 2, is an article by Lallanilla, where it discusses that
the war is waged differently today, of course, and has widespread environmental impacts that last
far longer.

"Addressing crimes against the environment”3 is an article by Steven Freeland that focuses on
the deliberate destruction of the environment during wartime should, in appropriate

1
John Fitzgerald Kennedy, often referred to as Jack, was an American politician who served as the 35th president of
the United States being the youngest man elected to the office.
2
Lallanilla, Marc. "The Effects of War on the Environment." ThoughtCo, Feb. 19, 2020, thoughtco.com/the-effects-
of-war-on-environment-1708787.
3
Steven Freeland, "Human rights, the environment and conflict", SUR 2 (2004), accessed February 19, 2020,
https://sur.conectas.org/en/human-rights-environment-conflict/

2
circumstances, be regarded as a ‘Crime against the Environment’ and should attract international
criminal responsibility.

STATEMENT OF PROBLEM

The multiple challenges confronted by environment due to war and the lack of fixation of
individual criminal responsibility and state responsibility makes the existing laws inefficient and
futile leading to a dilution of the fundamental human rights.

HYPOTHESIS

Taking measures to impose responsibility and cope up with the challenges faced by environment
due to war will not only ensure in protection of environment but also help in the better assuring
human rights.

RESEARCH QUESTIONS

The proposed project focuses on the following problems:-

 What are the effects of war on environment?

 How Environmental Problems Lead to War?

 What measures can be taken in order to cope up the challenges faced by environment due
to war?

RESEARCH METHODOLOGY

The research work is conducted through Doctrinal research by relying upon secondary sources

PLAN OF STUDY

Chapter 2 – Environment and Human Rights

Chapter 3 – War’s Interface with Environment and Human Rights

Chapter 4 – Upcoming Challenges & Coping with Challenges

Chapter 5 – Conclusion
 OBJECTIVES OF STUDY

 The goal of the proposed project is to understand the interrelationship of environment

and human rights, if any.

 To study the war’s interface with environment and human rights.

 To understand what are the upcoming challenges and how the environment can be
improved by coping up with the challenges.
 INDEX

S.NO. TOPIC PAGE NO.

a. CHAPTER 1 – INTRODUCTION 2

b. CHAPTER 2 – ENVIRONMENT AND HUMAN RIGHTS

8

CHAPTER 3 – WAR’S INTERFACE WITH ENVIRONMENT

c. 14
AND HUMAN RIGHTS

CHAPTER 4 – UPCOMING CHALLENGES & COPING WITH

d. 22
CHALLENGES

e. CHAPTER 5 – CONCLUSION 24

f. BIBLIOGRAPHY 26
“Oh, the army tried some fancy stuff to bring them to their knees.
Like Agent Orange defoliants, to kill the brush and trees.
We’d hike all day on jungle trails through clouds of poison spray.
And they never told me then, that it would hurt my health today.”

-Agent Orange

Song Country Joe

McDonald
 S CHEME OF PRESENTATION
DECLARATIONS & CONVENTIONS
ENVIRONMENT AND HUMAN RIGHTS (Stockholm, UNCED, AARHUS, WSSD)

INTERNATIONAL DOCUMENTS
(UDHR, ICCPR, ICESCR, GC-14,GC-15, ILO-169, AFRICAN CHARTER, PROTOCOL OF SAN SA

BIOLOGICAL, CHEMICAL, AND NUCLEAR WEAPONS,

HABITAT DESTRUCTION AND REFUGEES,
INTER- RELATION WAR AND ENVIRONMENT INFRASTRUCTURE COLLAPSE, INCREASED PRODUCTION, HUNTING, AND POACHIN

WAR AND HUMAN RIGHTS FOUR GENEVA CONVENTIONS (1949) AND THEIR TWO ADDITIONAL PROTOCOLS (1

1868, The Declaration of Saint Petersburg; 1907, The Hague Regulations;

1977, The Protocol Additional to the Geneva Convention; 1980, Conventional Weapons Conventi
2009, ENMOD Convention;

2019 the International Law Commission’s 28 legal principles

UPCOMING CHALLENGES & COPING MECHANISM

How Environmental Problems Lead to War?

Can Warfare Protect Nature?

Winning the Peace

7
 CHAPTER 2 – ENVIRONMENT AND HUMAN RIGHTS

It has only been in recent times, that the concern for environment or what we can say
environment issues has emerged. This is so because instances have happened that affected
humans directly or to an extent their rights. Not much of a shock, is the news that majority of the
people still are least bothered by issues like environment, environment protection, conservation
etc. However, one thing that has been established is the intricate relation between environment
and human rights. The connection between the two stresses upon the fact that a decent physical
environment is a prerequisite or an essential for a life of dignity. In other words, basic standard
of living can be ensured only in the existence of a decent physical environment.

1972-STOCKHOLM CONFERENCE
Environmental degradation and human rights was first placed on the international agenda in 1972, at the UN Conference on the Human

1992- EARTH SUMMIT

nference on Environment and Development (UNCED), also known as the Earth Summit, took place from 3-14 June in Rio de Janeiro.

1998- AARHUS CONVENTION

Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters famously called Aarhus Conv

2002- WSSD
In September 2002, the World Summit on Sustainable Development (WSSD) was held in Johannesburg.

8
 The Stockholm declaration on the Human Environment lays down a ground-level connection
between human rights and environment. The Principle 14 of the Declaration states that, man has
a fundamental right to equality and adequate conditions of life, in an environment of quality that
allows a life of dignity & well-being & he has the sole responsibility to protect the environment
for present & subsequent generations to come. The resultant of the 1972 Conference was
UNEP5.

Rio de Janerio , after 20 years to the first ever global conference on environment, hosted the
second international environment conference. Famously known as the Earth Summit, was the
UN Conference on Environment & Development (UNCED)6. The conference aimed to make the
government’s rethink of their ways of Development and bring them in harmony with
environmental protection, i.e. the governments need to find new ways to stop the destruction in
name of development as such destruction is causing environment irreplaceable harm.

In the summit, three basic agreements were made, namely:-

a. Agenda 21

b. Global plan of action to promote Sustainable Development

c. Rio Declaration on Environment and Development7 (the most important in the context
of human rights and the environment.)

The Principle 18 states that human beings are entitled to life which is healthy and productive and
too in harmony with nature. Principle 4 9 establishes that in order to achieve sustainable
development, it is important that protection of environment is made a part of development
process.

4
Id.
5
The United Nations Environment Programme (UNEP) is the leading global environmental authority that sets the
global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable
development within the United Nations system, and serves as an authoritative advocate for the global environment.
https://www.unenvironment.org/about-un-environment, [accessed 5 March 2020].
6
h ttps://sustainabledevelopment.un.org/milestones/unced, [accessed 5 March 2020].
7
UN Commission on Human Rights, Human rights and the environment., 24 February
1995, E/CN.4/RES/1995/14, available at: https://www.refworld.org/docid/3b00f0cc14.html [accessed 5 March
2020].
8
Id.
9
Id.
Principle 1010 of the 1992 Rio Declaration was of great importance for the developments that led
to the 1998 Convention on Access to Information, Public Participation in Decision-making and
Access to Justice in Environmental Matters famously called Aarhus Convention 11 which entered
into force in 2001. The Aarhus Convention covers the three themes indicated by its title. Rather
than using rights-oriented language the Convention requires states parties to ‘ensure’ that
members of the public have access to information, are allowed to participate and have access to
judicial review. Although the term ‘right’ is generally avoided, the objectives, structure and
context of the Aarhus Convention are rights-oriented, drawing on notions of international human
rights law. The Convention is intended to provide for participatory, informational and procedural
rights in environmental matters.

In September 2002, the World Summit on Sustainable Development (WSSD)12 was held in
Johannesburg. The WSSD plan of implementation shows clearly that respect for human rights
and fundamental freedoms are essential for achieving sustainable development. The plan stresses
the importance of action at the national level for successful development. Key components of the
plan include good governance, the rule of law, gender equality and an overall commitment to a
just and democratic society. Transparency, accountability and fair administrative and judicial
institutions are considered essential for sound national policies to be carried out. The plan also
emphasizes the importance of promoting public participation in environmental decision-making,
including measures that provide access to information regarding legislation, regulations,
activities, policies and programmes. The plan states that women must be involved fully and
equally at all levels of the environmental and developmental process, including those of policy
formulation and decision-making.

10
Principle 1010 of the 1992 Rio Declaration-“Environmental issues are best handled with participation of all
concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities, including information on hazardous
materials and activities in their communities, and the opportunity to participate in decision-making processes. States
shall facilitate and encourage public awareness and participation by making information widely available. Effective
access to judicial and administrative proceedings, including redress and remedy, shall be provided.”
11
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In
Environmental Matters Done At Aarhus, Denmark, On 25 June 1998 , Available At:
https://Www.Unece.Org/Fileadmin/Dam/Env/Pp/Documents/Cep43e.Pdf [Accessed 5 March 2020].
12
U N General Assembly, World Summit on Sustainable Development: Resolution adopted by the General Assembly,
21 February 2003, A/RES/57/253, available at: https://www.refworld.org/docid/3f49ff934.html [accessed 5 March
2020].
The human right to a healthy environment is controversial, inter alia, because it has individual as
well as collective aspects. Explicit provisions concerning the environment are limited in
international human rights instruments. The UDHR13 protects the right to life and a standard of
living adequate for health and well-being, rights from which the right to a healthy environment
can be inferred. The right to life is protected in the ICCPR14 and the adequate standard of living
and highest attainable standard of health in the ICESCR15. Similar provisions are found in other
UN treaties.

The ESCR Committee has addressed the right to a healthy environment in General Comment
1416 on the highest attainable standard of health, the Committee established that:

“The right to health embraces a wide range of socio-economic factors that promote conditions
in which people can lead a healthy life, and extends to the underlying determinants of health,
such as food and nutrition, housing, access to safe and potable water and adequate sanitation,
safe and healthy working conditions, and a healthy environment.”

It further elaborated that the right should be interpreted as an ‘inclusive right extending not only
to timely and appropriate health care but also to the underlying determinants of health, such as
access to safe and potable water and adequate sanitation, an adequate supply of safe food,
nutrition and housing, healthy occupational and environmental conditions’.

In General Comment 1517 on the right to water the Committee addressed ‘environmental
hygiene’, an aspect of the right to health, as encompassing:

“taking steps on a non-discriminatory basis to prevent threats to health from unsafe and toxic
water conditions. For example, States parties should ensure that natural water resources
are

13
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at:
https://www.refworld.org/docid/3ae6b3712c.html [accessed 5 March 2020]
14
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at:
https://www.refworld.org/docid/3ae6b3712c.html [accessed 5 March 2020]
15
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations,
Treaty Series, vol. 999, p. 171, available at: https://www.refworld.org/docid/3ae6b3aa0.html [accessed 5 March
2020]
16
UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 14: The Right to the
Highest Attainable Standard of Health (Art. 12 of the Covenant), 11 August 2000, E/C.12/2000/4, available at:
https://www.refworld.org/docid/4538838d0.html [accessed 5 March 2020]
17
UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 15: The Right to Water
(Arts. 11 and 12 of the Covenant), 20 January 2003, E/C.12/2002/11, available at:
https://www.refworld.org/docid/4538838d11.html [accessed 5 March 2020]
protected from contamination by harmful substances and pathogenic microbes. Likewise, States
parties should monitor and combat situations where aquatic eco-systems serve as a habitat for
vectors of diseases wherever they pose a risk to human living environments.”

ILO 169 (Indigenous and Tribal Peoples Convention) 18 contains a provision on environmental
protection, Article 7:

“Indigenous people shall have the right to decide their own priorities for the process of
development as it affects their lives, beliefs, institutions and spiritual well-being and the lands
they occupy or otherwise use, and to exercise control [...] over their own economic, social and
cultural development [...]. Governments shall take measures [...] to protect and preserve the
environment of the territories they inhabit.”

In the regional systems, Article 2419 African Charter and Article 1120 Protocol of San
Salvador explicitly address the right to a healthy environment. Article 24 African Charter states
that: “all peoples shall have the right to a general satisfactory environment favourable to their
development”21.

Article 11 Protocol of San Salvador refers to the ‘right to healthy environment’ and states that
‘everyone shall have the right to live in a healthy environment and to have access to basic public
services’ and requires that states ‘shall promote the protection, preservation and improvement of
the environment22’.

Although provisions regarding the environment are scant, human rights cases related to the
environment are being brought to the international and regional supervisory bodies. The Human
Rights Committee has dealt with some cases where the environment has played a role. In Bordes

18
International Labour Organization (ILO), Indigenous and Tribal Peoples Convention, C169, 27 June
1989, C169, available at: https://www.refworld.org/docid/3ddb6d514.html [accessed 5 March 2020]
19
Organization of African Unity (OAU), African Charter on Human and Peoples' Rights ("Banjul Charter"), 27
June 1981, CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), available at:
https://www.refworld.org/docid/3ae6b3630.html [accessed 5 March 2020]
20
Organization of American States (OAS), Additional Protocol to the American Convention on Human Rights in the
Area of Economic, Social and Cultural Rights ("Protocol of San Salvador"), 16 November 1999, A-52, available at:
https://www.refworld.org/docid/3ae6b3b90.html [accessed 5 March 2020]
21
Supra Note 20.
22
Supra Note 21.
and Temeharo v. France23 it was alleged that foreseen nuclear testing would violate the
applicants’ right to life and family. In EHP et al. v. Canada24 violations were alleged of the right
to life because of the environmental impact of nuclear stockpiles situated close to housing
(inadmissible because of non-exhaustion of domestic remedies.

Like the ICCPR, the European Convention does not contain provisions on the environment but
the European Court has decided some cases where the environment has come into play. For
instance, in López Ostra v. Spain25, the Court held that Article 8 ECHR had been violated
because the applicant had not been indemnified by the state for damage resulting from
environmental pollution.

23
Communication No. 645/1995, Vaihere Bordes and John Temeharo v. France, decision on admissibility adopted
on 22 July 1996, UN Doc. CCPR/C/57/D/645/1995, at para. 5.2.
24
Communication No. 67/1980, U.N. Doc. CCPR/C/OP/1 at 20 (1984).
25
Judgment of 9 December 1994, Series A no. 303-C, para. 51.
CHAPTER 3 -WAR’S INTERFACE WITH ENVIRONMENT AND HUMAN
RIGHTS

A. WAR AND ENVIRONMENT

War is waged differently today, of course, and has widespread environmental impacts that last
far longer. The technology has changed, and the potential effects of the technology are very
different. The modern chemical, biological, and nuclear warfare has the potential to wreak
unprecedented environmental havoc that, fortunately, we haven't seen—yet. But in some cases,
precision weapons and other technological advances can shield the environment by targeting key
facilities, leaving other areas relatively unscathed.26

Warfare today also occurs infrequently between independent nations; more often, armed conflict
breaks out between rival factions within a nation. These localized civil wars are usually beyond
the reach of international treaties and bodies of law. Internal conflict is viewed as a matter of
sovereignty—an internal matter. As a result, environmental damage, like human rights
violations, occurs unchecked by outside organizations.

Though armed conflicts, and open warfare vary tremendously by region and by weapons used,
the effects of war on the environment usually involve the following broad categories.

 Biological, Chemical, and Nuclear Weapons

The production, testing, transport, and use of advanced weapons is perhaps the single most
destructive effects of war on the environment. Though their use has been strictly limited since
the bombing of Japan by the U.S. military at the end of World War II, there have been grave
concerns about the proliferation of nuclear material and chemical and biological weaponry.

 Habitat Destruction and Refugees

Perhaps the most famous example of habitat devastation occurred during the Vietnam War when
U.S. forces sprayed herbicides like Agent Orange 27on the forests and mangrove swamps that

26
Lallanilla, Marc. "The Effects of War on the Environment." ThoughtCo. https://www.thoughtco.com/the-effects-
of-war-on-environment-1708787 (accessed March 5, 2020).
27
Agent Orange was a powerful herbicide used by U.S. military forces during the Vietnam War to eliminate
forest cover and crops for North Vietnamese and Viet Cong troops. The U.S. program, codenamed
Operation Ranch Hand, sprayed more than 20 million gallons of various herbicides over
provided cover to guerrilla soldiers. An estimated 20 million gallons of herbicide were used,
decimating about 4.5 million acres in the countryside. Some regions are not expected to recover
for several decades.28 Additionally, when warfare causes the mass movement of people, the
resulting impacts on the environment can be catastrophic. Widespread deforestation, unchecked
hunting, soil erosion, and contamination of land and water by human waste occur when
thousands of humans are forced to settle in a new area.29

 Infrastructure Collapse

Among the first and most vulnerable targets of attack in a military campaign are the enemy's
roads, bridges, utilities, and other infrastructure. While these don't form part of the natural
environment, the destruction of wastewater treatment plants, for example, severely degrades
regional water quality. Also, Military ships, cargo airplanes, and trucks often carry more than
soldiers and munitions; non-native plants and animals can also ride along, invading new areas
and wiping out native species in the process.

 Increased Production

Even in regions not directly affected by warfare, increased production in manufacturing,

agriculture, and other industries that support a war effort can wreak havoc on the natural
environment.

 Hunting, and Poaching

An old wartime custom is causing destruction to homeland. This means that in order to feed the
soldiers, usually, requires hunting of animals. This becomes a problem with larger animals,
whose reproduction rate is low.

Vietnam, Cambodia and Laos from 1961 to 1971. Agent Orange, which contained the deadly chemical
dioxin, was the most commonly used herbicide. It was later proven to cause serious health issues—
including cancer, birth defects, rashes and severe psychological and neurological problems—among the
Vietnamese people as well as among returning U.S. servicemen and their families.
28
Agent Orange, https://www.history.com/topics/vietnam-war/agent-orange-1, 2011, [accessed 5 March 2020]
29
Supra Note 26.
 B. HUMAN RIGHTS AND ARMED CONFLICT

It is often during armed conflicts that human rights are infringed upon the most. Therefore, over
the years, experts have focused much attention on the formulation of instruments aimed at
alleviating human suffering during war and conflict. Three areas of modern international law
attempt to provide protection to victims of war: human rights law, refugee law and humanitarian
law. While these fields are closely linked, they need to be distinguished systematically.

Humanitarian law applies in armed conflict, restricting the actions of warring parties, providing
for protection and humane treatment of persons who are not taking part or can no longer take
part in the hostilities.30 Like international human rights law, humanitarian law protects the lives
and dignity of individuals, prohibiting torture or cruel treatment, prescribing rights for persons
subject to a criminal justice procedure, prohibiting discrimination and setting out provisions for
the protection of women and children.

The international law instruments adopted at these conferences form the basis of modern
humanitarian law, the most relevant being the four Geneva Conventions (1949)31 and their two
Additional Protocols (1977)32. The principal purpose of the four Geneva Conventions was to set
out humanitarian rules to be followed in international armed conflict. The Fourth Geneva
Convention33 lists a number of actions which the parties must refrain from in all circumstances.
These include actions that are recognised as violating the most basic human rights, such as
violence endangering life, torture and physical or moral coercion, as well as non-compliance

30
http://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-fora/human-
rights-in-relation-to-other-topics/human-rights-and-armed-conflict [accessed 9 March 2020]
31
International Committee of the Red Cross (ICRC), Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field (First Geneva Convention), 12 August 1949, 75 UNTS 31:
International Committee of the Red Cross (ICRC), Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention), 12 August
1949, 75 UNTS 85, : International Committee of the Red Cross (ICRC), Geneva Convention for the Amelioration of
the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention),
12 August 1949, 75 UNTS 85, : International Committee of the Red Cross (ICRC), Geneva Convention Relative to
the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75 UNTS 287
available at: https://www.refworld.org/docid/3ae6b3694.html [accessed 9 March 2020]:
32
International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June
1977, 1125 UNTS 609, available at: https://www.refworld.org/docid/3ae6b37f40.html [accessed 9 March 2020]
33
Supra Note 31.
with many due process rights and also forbids in the strongest terms the utilisation of human
shields. It also provides that civilians may not be compelled to work for an occupying power
unless certain strict conditions are met.34

The International Committee of the Red Cross (ICRC) monitors compliance with the Geneva
Conventions and the Protocols by, inter alia, visiting places of detention, receiving complaints of
breaches of humanitarian law and addressing concerns to governments.

In recent years humanitarian intervention, the maintenance of peace and the protection of
collective security, as well as the protection of cultural property, have received increased
attention in relation to humanitarian and human rights law.

C. INTERLINKING THE THREE

34
Id.
The environmental destruction from conflicts across the globe; from the spraying of the
poisonous chemical Agent Orange over the forests in Viet Nam in the 1970s, to the burning oil
wells in Kuwait in the 1990s. Sadly, Viet Nam and Kuwait were not isolated cases. Armed
conflicts around the world, and their aftermath, continue to impact the health and well-being of
people and the environment through pollution, infrastructure damage and the collapse of
governance. The uses of chemical weapons in the Syrian conflict as well as the burning of oil
fields by terrorist group are poignant recent examples.35

International humanitarian law has always set limits on the right of belligerents to cause
suffering and injury to people and to wreak destruction on objects, including the natural
environment.36 As early as 1868, The Declaration of Saint Petersburg stated that “the only
legitimate object which states should endeavor to accomplish during war is to weaken the
military forces of the enemy.”37

Years later, when The Hague Regulations of 190738 were designed, the idea of not injuring the
enemy limitlessly was covered. Also, basic principles of IHL were reaffirmed in The Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I).39

Two important concepts proportionality and military necessity were brought to light to define
the limits on warfare. This meant that only those acts were allowed which were really necessary
and also were proportional to the lawful objective sought to be achieved.

As such, they are also relevant to the protection of the natural environment against acts of
warfare.

35
https://www.unenvironment.org/news-and-stories/story/why-legal-principles-war-and-environment-matter
36
Antoine Bouvier, Protection of the natural environment in time of armed conflict, 31, International Review of the Red
Cross(1991)
37
Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight. Saint
Petersburg, 29 November / 11 December 1868.
38
I nternational Conferences (The Hague), Hague Convention (IV) Respecting the Laws and Customs of War on
Land and Its Annex: Regulations Concerning the Laws and Customs of War on Land, 18 October 1907, available at:
https://www.refworld.org/docid/4374cae64.html [accessed 9 March 2020]
39
International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125
UNTS 3, available at: https://www.refworld.org/docid/3ae6b36b4.html [accessed 9 March 2020]
Like international law in general, international humanitarian law has been slow to recognize that
the natural environment also requires the protection of legal rules laid down specifically for that
purpose. The notion of "natural environment" does not appear in an instrument of humanitarian
law until 1977. However, the 1907 Hague Regulations40 state that it is prohibited "to destroy or
seize the enemy's property, unless such destruction or seizure be imperatively demanded by the
necessities of war."41

In the event of belligerent occupation, the Fourth Geneva Convention 42 sets limits to the
discretion of the occupying power and states that "any destruction by the Occupying Power of
real or personal property belonging individually or collectively to private persons, or to the State,
or to other public authorities ... is prohibited, except where such destruction is rendered
absolutely necessary by military operations."43 Thus, the Hague Regulations and the Fourth
Geneva Convention implicitly protect the environment by prohibiting the useless destruction of
property.

Only Protocol I Additional to the Geneva Conventions 44 deals directly with the dangers that
modem warfare represents for the natural environment. The basic rule reads as follows: "It is
prohibited to employ methods or means of warfare which are intended, or may be expected, to
cause widespread, long-term and severe damage to the natural environment.' 45 Other provisions
of Protocol I touch incidentally on the protection of the natural environment, e.g., Article 56,
which under certain conditions prohibits attacks on works and installations containing dangerous
forces (such as dams, dikes and nuclear power stations); and Article 54, with its protection for
the sustenance of the civilian population..

40
Supra Note 38.
41
Hague Regulations, supra note 3, Art. 23(g). " Geneva Convention Relative to the Protection of Civilian Persons in
Time of War, Aug. 12, 1949, Art. 53.
42
Supra Note 31.
43
UST 3516, 75 UNTS 287.
44
Supra Note 32.
45
Protocol I, supra note 4, Art. 35(3).
The 1980 Conventional Weapons Convention, with its Protocol II 46on mines, booby-traps
and other devices and Protocol III on incendiary weapons,47 also strengthens international
standards on the protection of the environment.

Finally, the ENMOD Convention prohibits the use of techniques that modify the environment
with widespread, long-lasting or severe effects.48

In addition to the relevant international rules specifically designed for and applicable only in
armed conflict, rules of general environmental law may continue to be applicable after the
outbreak of conflict. These rules may determine obligations between parties to the conflict or
between a belligerent and third states. However, the question of the continued applicability of
peacetime environmental law in wartime appears to require further examination.

Since 1999, the United Nations Environment Programme has conducted over twenty post-
conflict assessments, using state-of-the-art science to determine the environmental impacts of
war. From Afghanistan to Kosovo to the Gaza Strip and Sudan—armed conflict causes
significant harm to the environment and the communities that depend on natural resources.49

In 2009, UN Environment and the Environmental Law Institute co-authored a seminal

report, Protecting the Environment During Armed Conflict : An Inventory and Analysis of
International Law50, which identified gaps and weaknesses in international laws that protect the
environment during war and armed conflict. Among the report’s recommendations was for the
United Nations International Law Commission to examine the existing international law for

46
U nited Nations, Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices
(Protocol II) (As Amended on 3 May 1996), 10 October 1980, available at:
https://www.refworld.org/docid/4a54bc060.html [accessed 9 March 2020]
47
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed
to Be Excessively Injurious or to Have Indiscriminate Effects, openedfor signatureApr. 10, 1981, reprinted in 19
ILM 1524 (1980). On March 24, 1995, the United States ratified the Convention and Protocols I and II. Protocol I
deals with nondetectable fragments.
48
Convention on the Prohibition of Military and Other Hostile Use of Environmental Modification Tech- niques,
opened for signature May 18, 1977, 1108 UNTS 151, reprinted in 16 ILM 88 (1977). On the (meagre) results of the
second Review Conference (Geneva, September 1992), see Bouvier, Recent Studies, supra note 1, at 561-64.
49
Supra Note 26.
50
United Nations Environment Programme (UNEP), Protecting the Environment During Armed Conflict An
Inventory and Analysis of International Law, https://postconflict.unep.ch/publications/int_law.pdf [accessed 9
March 2020].
protecting the environment during armed conflict and recommend how it can be clarified,
codified and expanded.51

In May 2016, a resolution52 on the protection of the environment in areas affected by armed
conflicts agreed by consensus by all Member States at the United Nations Environment
Assembly (UNEA-2) encouraged UN Environment to continue supporting the work of the
International Law Commission on the protection of the environment in relation to armed
conflicts, and was an important signal of the commitment of Member States to tackle the issue.

On 8 July 2019 the International Law Commission adopted 28 draft legal principles 53 on
first reading to enhance protection of the environment before, during and after armed conflicts.
The principles touch on various aspect of the conflict lifecycle and, among other things, address
the designation of significant environmental and cultural areas as protected zones, the protection
of the environment of indigenous people and prevention and mitigation of environmental
degradation in areas where persons displaced by armed conflict are located.

While the principles provide a critical overarching framework and represent a major milestone
in ensuring environmental protection in relation to armed conflicts, they constitute the first step.
There is still work to be done. The challenge ahead is ensuring that the principles are
implemented and operationalized. This will require substantial work and partnerships among all
stakeholders, including through incorporating the draft principles into military training manuals
and supporting outreach to international and domestic courts to support enforcement efforts.

51
Supra Note 26.
52
Report of the second session of the United Nations Environment Assembly of the United Nations Environment
Programme, h ttps://www.un.org/ecosoc/sites/www.un.org.ecosoc/files/files/en/cmm/k1606792-unea-report.pdf
[accessed 9 March 2020].
53
Report of the International Law Commission on the work of its seventieth session Statement of financial
implications (A/73/680), h ttps://www.un.org/press/en/2018/ga12117.doc.html [accessed 9 March 2020].
 CHAPTER 4 – UPCOMING CHALLENGES & COPING WITH
CHALLENGES

 How Environmental Problems Lead to War

While the effects of war on the environment may be obvious, what's less clear are the ways that
environmental damage itself leads to conflict. Sections in resource-poor countries like those in
Africa, the Mideast, and Southeast Asia have historically used military force for material gain;
they have few other options.54

It can be said that once armed conflict begins, soldiers and populations under barrier start to find
immediate sources of food, water, and shelter, which is why they are forced to adapt their
thinking to short-term solutions, not long-term sustainability.

This short-term desperation leads to a vicious cycle of conflict, followed by people who meet
their immediate needs in unsustainable ways, bringing deprivation and disillusionment, which
then leads to more conflict. One of the chief challenges is to break that cycle.55.

 Can Warfare Protect Nature?

It seems counterintuitive, but there is an ongoing debate in which it has been argued that military
conflicts often end up preserving the natural environment. The most preserved area in all of war
zones is the demilitarized zone because there is exclusion of human activity.

Other researchers have noted that despite the massive amounts of herbicide use during the
Vietnam War, more forests have been lost in that country since the war ended than during it, due
to peacetime commerce and Vietnam's quest for prosperity, also, the coal-black skies caused by
the Kuwaiti oil fires in 1991 provided dramatic visual evidence of war-related environmental
damage.56 However, these oil fires burned in one month roughly the amount of oil burned by the
United States in a single day.

54
Lallanilla, Marc. "The Effects of War on the Environment." ThoughtCo. https://www.thoughtco.com/the-effects-
of-war-on-environment-1708787 (accessed March 5, 2020).
55
Supra.
56
Id..
But experts are quick to emphasize that this is not an argument in favor of armed conflict. War is
not good for the environment.57 Also, warfare only delays the environmental damage of peaceful
human activity and commerce. It may provide a respite, but the long-term effects of war aren't
that different from what happens under commercial development.58.

 Winning the Peace

As military planning evolves, it becomes apparent that the environment now plays a greater role
in successful combat, especially after an armed conflict ends. At the end of the day, if an area is
being occupied, the occupier has a strong incentive not to ruin it. 59 Some warriors are learning
that there's more to be gained from preserving the environment than in destroying it. 60 Also,
natural resources can be very important in providing jobs and opportunities in post-conflict
societies.

57
Jurgen Brauer, “War and Nature: The Environmental Consequences of War in a Globalized World." , AltaMira
Press, 2009.
58
Supra.
59
Steven Freeland, “Addressing crimes against the environment” https://sur.conectas.org/en/human-rights-
environment-conflict/
60
Supra Note 44.
 CHAPTER 5- CONCLUSION

“Protecting the environment before, during and after armed conflict must rise to the same level
of political importance as protecting human rights. A healthy environment is the foundation
upon which peace and many human rights are realized,”- David Jensen61

Environmental factors are rarely, if ever, the sole cause of violent conflict. However, the
exploitation of natural resources and related environmental stresses can be implicated in all
phases of the conflict cycle, from contributing to the outbreak and perpetuation of violence to
undermining prospects for peace. However, the following can be done to protect environment
and human rights during war:-

 PREVENT WAR- As the saying goes, make love not war, the states or groups involved
in war must make all attempts to prevent the outbreak of a war. This can be done through
arms control and diplomacy.

 ATTACK THE CAUSE- Beyond these two essential strategies, the roots of war must
also be addressed. War arises from decisions by political bodies, result of which is that
military leaders to go to war. Thus, if the leaders deciding to make war, attack the root
cause of war, situation would be much better.

 REALISATION- Realization of the fact that a war takes a lot. One thing we can see for
ourselves is that even today the people born in nuclear bomb affected areas in Hiroshima
and Nagasaki have some difficulties. The impacts of war are lon-lasting. The
maintenance of standing armies just to counter the threat of war exerts enormous strain
on environmental resources. And in case, the war begins, there is only taking from
environment and the replenishment of resources takes decades. Thus, the ones in power
making decisions must realize this.

 CONSERVE WILDLIFE- War is bad for wildlife in as many ways as for

people. Military often feed their troops on meat and this leads to rapid extinction of

61
David Jensen is the Head of the Environmental Peacebuilding Programme at UN Environment. Since
2009, David has been a leader in a global effort to establish a new multidisciplinary field of environmental
peacebuilding.
 wildlife. Also, the massive influx of high-powered weaponry into forest/wildlife rich
areas means that during and after conflict, the scale of poaching can increase
dramatically.

 HIGH-PRECISION WEAPONS- In case a war breaks out, the troops apart from being
sensitized about the protection and conservation of environment, must be equipped with
High-Precision weapons and other technological advances that can shield the
environment by targeting key facilities, leaving other areas relatively unscathed.

Access and flow of water, land degradation, floods and pollution, in addition to competition over
extractive resources, can directly exacerbate tensions and lead to eruption of conflicts, as is the
case for resource depletion issues such as deforestation, soil erosion and desertification.

This evolving security landscape requires a shift in the way the international community engages
in conflict management. From conflict prevention and early warning to peacemaking,
peacekeeping and peacebuilding, the potential role of natural resources and the environment
must be taken into consideration at the onset.

However, if we are to achieve the Sustainable Development Goals, we need to act with greater
urgency and coherence to reduce the threats armed conflicts pose to our environment and
ultimately our health and livelihoods. We have only one way forward: to up our ambition to
protect our planet, even in the most complex and challenging scenarios.
 BIBLIOGRAPHY

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1. Lallanilla, Marc. "The Effects of War on the Environment." ThoughtCo, Feb. 19, 2020,
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4. Jurgen Brauer, “War and Nature: The Environmental Consequences of War in a

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