Protection of the environment in relation to armed conflict—50 years of effort, and no end in sight

Abstract

The debate about environmental protection in relation to armed conflict began around 1970 due to the meeting of two political movements: on the one hand, becoming aware of the environmental problem including concern for future generations and, on the other, a need to develop the law of armed conflict, filling some loopholes left by the Geneva Conventions of 1949 and reflecting experiences of conflicts which had happened since that time. There was (and is) a tension between the military interest of winning a war and the environmental interest of preserving the planet for future generations. Protocol I additional to the Geneva Convention adopted in 1977 constituted a victory for the military interest by defining the threshold of impermissible environmental damage in a way which is a far cry from satisfying the need of environmental preservation. But a lively discourse had started which has brought progress, but is far from yielding satisfactory final results. Major elements are the application of the rules concerning the protection of the civilian population and civilian objects to environmental protection, the principle of due regard for the environment, the recognized need to establish zones protected for the sake of environmental preservation, intensive activities of environmental fact-finding, the challenge of maintaining necessary environmental governance under the condition of armed conflict and environmental restoration as part of peacebuilding after the conflict.