Climate Conflicts and International Humanitarian Law

Abstract

It is increasingly recognized that environmental degradation has the potential to produce internal and interstate conflict by undermining stability and producing mass migration. Given the integrated nature of the environment, it is impossible for a state to protect itself entirely against intentional or accidental environmental harm originated in another state. The consequences of that harm may be severe and long lasting to the receiving state. This chapter covers ius in bello, which refers to the body of international law which governs conduct in case hostilities arise, i.e. international humanitarian law (IHL). Here, the analysis assesses the question how far IHL regulates environmental damages deriving from conflicts. The ENMOD Convention and Additional Protocol I to the Geneva Conventions are analyzed due to their regulations covering environmental damage during war. The analysis questions whether the findings regarding environmental damage during times of war are transferable to the case of climate change.