INTERNATIONAL LEGAL REGULATION OF ENVIRONMENTAL PROTECTION DURING ARMED CONFLICT

Abstract

Abstract. This academic article is dedicated to the pressing issues of international legal regulation of environmental protection during armed conflict. It analyzes the main international treaties in the field of International Humanitarian Law (IHL) that regulate the impact of armed conflict on the state of the natural environment. Additionally, it highlights certain international treaties in the field of international environmental law that directly or indirectly relate to the impact of armed conflict on the environment. It is suggested that one possible way to address certain gaps in the regulation of environmental protection during armed conflict could be the application of international environmental law norms. Detailed norms, standards, and mechanisms found in this field can help clarify and expand the main principles of IHL to prevent or assess responsibility for environmental damage caused during armed conflict. It is emphasized that few provisions of IHL directly address environmental protection during armed conflicts. The content of the articles of Additional Protocol I to the Geneva Conventions of 1949 has been analyzed, noting that this document establishes a threshold for unacceptable harm to the natural environment. Despite the significance of the provisions of Additional Protocol I, their application during regular military operations is limited. This situation necessitates the development and adoption of a new international agreement. The International Committee of the Red Cross (ICRC) plays an important role in environmental protection, having developed the “Guidelines for the Protection of the Natural Environment in Armed Conflict” in 1994. Another significant international agreement recognizing the importance of environmental protection during armed conflict is the Rome Statute. In 2016, under the auspices of the UN Environment Assembly, the resolution “Protection of the Environment in Areas Affected by Armed Conflict” was adopted. It is concluded that, given the gaps within international humanitarian law regarding environmental protection during armed conflict, it is necessary, when required, to refer to the norms of international environmental law.