The Interplay between International Humanitarian Law and International Environmental Law

Abstract

Abstract It is well known that armed conflicts may cause extensive damage to the environment and that International Humanitarian Law (IHL) is lacking any adequate protection against such damage. International Environmental Law (IEL) could therefore be used to fill the gaps. This nonetheless raises the complex issue of the interplay between that body of law and IHL. This article intends to provide a comprehensive framework on such interplay, the originality of which is to draw inspiration from the relationship between IHL and International Human Rights Law (IHRL). It examines two processes through which IEL may impact the regulation of armed conflict: the ‘interpretation process’, whereby IHL is interpreted in light of IEL, and the ‘application process’, whereby IEL applies alongside IHL to activities related to armed conflicts. While both processes involve the operation of formal mechanisms, including the lex specialis principle and the principle of systemic integration, they must be guided by substantial considerations, which seek coherence between the two bodies of law.