International environmental law as a means for enhancing the protection of the environment in warfare

A critical assessment of scholarly theoretical frameworks

Bibliographic Data

ID12849678
AuthorsRaphaël Van Steenberghe (0000-0003-2320-9686, KU Leuven, corresponding author)
Year2023
Volume105
Issue924
Pages1568-1599
Publication date2023-09-06
Open AccessYes
TypeARTICLE
VenueInternational Review of the Red Cross (JOURNAL)
Journal identifiersISSN: 1607-5889 • E-ISSN: 1816-3831
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s1816383123000358
OpenAlexW4386478500
LanguageEN
Citations received1
References cited4

The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and institutions like the International Law Commission have started to reflect on how to better protect the environment in armed conflict through the lens of another branch of international law, namely, international environmental law (IEL). Such an approach has involved examining the interplay between IHL and IEL, and scholars have subsequently proposed and then elaborated on frameworks in that respect. This paper intends to identify common trends of those frameworks and to critically appraise them, with the aim of providing a suitable approach to the interplay between IHL and IEL

Armed conflict · Commission · Environmental law · International humanitarian law · International law · Perspective (graphical · Political science · Computer Science · Global Peace and Security Dynamics · International Law and Human Rights · Law · Transboundary Water Resource Management

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