legal regulation of the effects of military activity on the environment the hague conference on...
TRANSCRIPT
Legal Regulation of the Effects of Military Activity on
the Environment
The Hague Conference on Environment, Security and Sustainable Development
9-12 May 2004
Amy HindmanLegal Advisor to the Executive Director
UNEP
“Inter Armes, Silent Leges”(In times of war laws fall silent)
-Cicero
Damage to the Environment through military conflict
Intentional damage Collateral damage Wanton damage Other indirect effects and
aftermath
Potential protection for the human environment in the context of armed conflict
Basic principles of humanitarian law
Environmental Conventions The law of the Hague
1899 and 1907 Hague Conventions codifying the laws and customs of war
The law of Geneva Protection of classes of people and
objects outside of combat
Express protection for the environment in armed conflict
1977 First Geneva Protocol Geneva Protocol I, Art. 35(3) Geneva Protocol I, Art 55(1)
Environmental Modification Convention (ENMOD)
Specific rules limiting the means and methods of warfare
Limitations on TargetsDangerous forces Cultural objects
Limitations on WeaponsBiological and chemical weaponsLandmines
Limitations based on AreaAntarcticaNeutral states
Sufficiency of existing laws, rules and policies: one assessment
With the exception of article 35(3) of Geneva Protocol I, law of war does not expressly protect environmental resources
Important environmental provisions have not entered into customary international law
General principles of humanitarian law are too open-ended to preclude most environmental damage
Very few norms address the problems of environmental harms stemming from non-international conflicts
Potential Solutions: Bodansky Recommendations
A comprehensive review of the environmental effects of war
A UN or ICRC Resolution urging states to protect the environment during non-international conflict
Inclusion of environmental concerns in military manuals (such as the ICRC environmental guidelines)
Inclusion of environmental rules in NATO Combined Rules of Engagement
Binding instruments, such as a convention on the prohibition of military activities in protected environments
“Wars are not acts of God. They are caused by man, by man-made institutions, by the way in which man has organized his
society. What man has made, man can change.”
- Frederick Moore Vinson