The Role of Customary Principles of International Humanitarian Law in Environmental Protection

Abstract

Since armed conflicts exist, environment has been a suffering object, a passive victim of hostilities. This essay attempts to introduce and analyse the contemporary problems deriving from applying the customary principles of International Humanitarian Law (IHL) to environmental protection. Witnessing the environment degradation caused by conflicts, there is an unquestionable antagonism between the seemingly adequate provisions protecting the environment and their practical implementation. IHL sets forth an unrealistically high threshold of destruction that calls for the rationalisation of legal and environmental arguments. This article aims to uncover the gaps and weaknesses in the application of the relevant principles and their assessment is complemented with a short overview of the UN Work Program concerning reports providing another interpretation of the applicable IHL principles and with the introduction of NATO standards and doctrines specifically aiming at environmental protection during operations.