Chapter

Legal protection of the environment : the double challenge of non-international armed conflict and post-conflict peacebuilding

Dieter Fleck

Just peace after conflict : jus post bellum and the justice of peace

Oxford : Oxford University Press, 2020

p. 149-164

English

This chapter examines principles and rules on environmental protection in two critical situations: non-international armed conflicts and post-conflict peacebuilding. What kind of environmental obligations apply in bello between a government and rebels? In what sense are parties to the conflict accountable for environmental devastation? May states be liable also for injurious consequences of acts not explicitly prohibited under international law? How can their obligations be enforced? Furthermore, issues of post-conflict peacebuilding are discussed to explore whether specific principles and rules of jus post bellum are relevant for the protection of the natural environment. While certain aspects of the protection of the environment in relation to armed conflicts appear to be still unclear, some recommendations are developed in support of efforts currently undertaken by the International Law Commission.

• Full text : open access

• Just peace after conflict : jus post bellum and the justice of peace / ed. by Carsten Stahn and Jens Iverson