Protection of the environment during armed conflicts : an appraisal of the ILC's work

Abstract

Being responsive to the devastating effects that armed conflicts cause on the environment, the United Nations International Law Commission (ILC) has recently taken on board the issue of the protection of the environment in relation to armed conflicts. In this context, Special Rapporteur Marie Jacobsson has already submitted three reports. Against this background, I provide certain remarks regarding two general themes permeating the whole topic at hand, namely the temporal approach chosen by the Special Rapporteur and the distinction between different types of armed conflict. Then, I examine the draft principles that have been provisionally adopted by the ILC regarding the in bello phase, with particular emphasis placed on their relationship with existing international law. Subsequently, I address the issue of the final form of the text and lastly I offer certain concluding thoughts.