The Application of International Environmental Law in Armed Conflicts

Abstract

                The article deals with the problem of environment protection during armed conflicts. The authors primarily focus on examining the possibility of applying international environmental law in armed conflicts. In the first part of the paper, the authors provide an overview of relevant rules of international humanitarian law which are important for environment protection and contained in different sources of law governing this area (international treaties, international customs and general principles). In this part, the authors point out to the weaknesses and shortcomings of the IHL environmental provisions, including both the traditional rules which have an indirect effect on environment protection and the contemporary rules which in most cases directly protect the environment. The second part of the article deals with the rules of international environmental law applicable in armed conflicts. The authors first examine the possibility of applying multilateral environmental treaties in armed conflicts. In that context, the authors point out to different types of such treaties, with specific reference to the treaties which do not contain provisions on their applicability during armed conflicts. Further on, the authors analyze the application of customary environmental rules in armed conflicts. These rules are considerably less important than international treaties and they commonly comprise a few general principles which may be considered nowadays as the rules of customary law. Finally, the authors explore the possibility of applying the rules of environmental soft law, such as the rules contained in different declarations and resolutions adopted at international conferences or within the framework of international organizations.