Pre-Conflict Military Activities: Environmental Obligations and Responsibilities of States

Abstract

Much study has focussed upon the legality of, as well as justifications for, military activities of States causing environmental damage in times of armed conflict, with particular reference to norms of international humanitarian law. However, in preparation for potential armed conflict, such military activities may also take place before the commencement of any such armed conflict. This paper seeks to explore the environmental protection obligations of States under international law in their conduct of military activities in anticipation of armed conflict. On the one hand, peacetime obligations entailing environmental protection, which may be derived not only from international environmental law but also other fields such as international human rights law and international investment law, would generally apply during the pre-conflict stage. On the other hand, it is also observed that there may be legal justifications for deviation from such obligations in particular circumstances in connection with the pre-conflict situation, for instance, by reliance upon exception clauses within the relevant treaties, suspension of primary obligations due to circumstances such as the needs of national security, as well as invocation of circumstances precluding wrongfulness under the law of State responsibility.