Greening the Law of Environmental Protection in Armed Conflicts

Abstract

The issue of the protection of the environment in relation to armed conflicts (‘PERAC’) has gained momentum in recent times, especially in the post-2000s period. This development follows the more general trend of ‘greening’ international law, which is now a cross-cutting theme permeating the entire international legal order. Against this background, I periodize the different phases of international PERAC-related processes by reference to specific historical events with symbolic value. My objective is twofold: at first, I endeavour to demonstrate that the process of greening both the practice and the law of PERAC is being increasingly driven by actors other than States. At a second step, I explore the extent to which greening within PERAC has taken place. To do that, I offer certain concrete examples drawn from two recent legal initiatives, undertaken by the International Law Commission and the International Committee of the Red Cross, respectively.