Chapter

The ILC special rapporteur's preliminary report on the protection of the environment in relation to armed conflicts : an important step in the right direction

Michael Bothe

International law and the protection of humanity : essays in honor of Flavia Lattanzi

Leiden ; Boston : Brill Nijhoff, 2017

p. 213-224

English

In 2011, the International Law Commission (ILC) decided to put the “Protection of the environment in relation to armed conflict” on its agenda, and appointed Marie G. Jacobsson as Special Rapporteur. This chapter comments on some of the issues raised by the first report of the Special Rapporteur. The author notes that the approach taken in the report is broader than the usual controversy about the protection of the environment during armed conflict. First, it does not only focus on IHL, but also addresses other norms of international law, including international environmental law. Second, it is not limited to the protection of the environment in time of armed conflict, but also covers the actions taken in preparation to, and after an armed conflict. The author then states that by analyzing the continued application of human rights and international environmental law during armed conflict, the Special Rapporteur makes a salutary contribution to rethinking this relationship. Finally, the author welcomes the exclusion by the Special Rapporteur of the issues concerning natural resources and how their use often lead to violence and armed conflicts, arguing that such questions are too distinct from those pertaining to the conduct of armed conflict and its consequences on the environment.

• International law and the protection of humanity : essays in honor of Flavia Lattanzi / ed. by Pia Acconci... [et al.]