War and the Environment

New Approaches to Protecting the Environment in Relation to Armed Conflict


Editor: Rosemay Rayfuse
The chapters in this volume have their origins in papers presented at a Workshop held at Lund University in Sweden. The Workshop gathered together experts from Europe, the United States and Australia, including leading academics as well as representatives from the ICRC, the Swedish, Norwegian and Danish Red Cross Societies and the Swedish and Norwegian governments, to examine the relevance and adequacy of the existing regime for environmental protection during armed conflict as well as the ability of other international legal mechanisms to contribute to the amelioration of damage to the environment arising as a result of or in relation to armed conflict. The book, like the Workshop, takes as its starting point the existing IHL regime for the protection of the environment during armed conflict and goes on to explore the application of other legal regimes that may be relevant to protection of the environment both during armed conflict and, as in the broader context envisaged by the ILC, in relation to armed conflict. As this thought-provoking volume demonstrates, a vast range of issues, actors and legal regimes must now be considered and some pro-active and imaginative research and thinking brought to bear in any consideration of this ever-important topic. Some papers appeared previously in a special issue of the Nordic Journal of International Law.

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Rosemary Rayfuse is Professor of International Law at the Faculty of Law of the University of New South Wales, Australia. She is Conjoint Professor of International Environmental Law at the Faculty of Law, Lund University, Sweden.
Foreword Marie Jacobsson
Rethinking International Law and the Protection of the Environment in Relation to Armed Conflict Rosemary Rayfuse
1 The Protection of the Natural Environment in Armed Conflict – Existing Rules and Need for Further Legal Protection Cordula Droege and Marie-Louise Tougas
2 The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules Dieter Fleck
3 The Principle of Ambituity and the Prohibition against Excessive Collateral Damage to the Environment during Armed Conflict Erik V. Koppe
4 The Ethics, Principles and Objectives of Protection of the Environment in Times of Armed Conflict Michael Bothe
5 Advancing the Legal Protection of the Environment in Relation to Armed Conflict: Protocol I’s Threshold of Impermissible Environmental Damage and Alternatives Carson Thomas
6 Environmental Protection in Armed Conflict: Filling the Gaps with Sustainable Development Onita Das
7 Environment and War: Lessons from International Cultural Heritage Law Lucas Lixinski
8 The Role of Multilateral Environmental Agreements in Armed Conflict: ‘Green-keeping’ in Virunga Park. Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo Britta Sjöstedt
9 From Engines for Confl ict into Engines for Sustainable Development: The Potential of International Law to Address Predatory Exploitation of Natural Resources in Situations of Internal Armed Conflict Daniëlla Dam-de Jong