The United Kingdom's Practice on the Protection of the Environment in Relation to Armed Conflicts
Publisher: Conflict and Environment Observatory
Date: 2019
Topics: Assessment, Governance, Weapons, Waste, and Pollution
Countries: United Kingdom
This report outlines the UK’s practice on the protection of the environment in relation to armed conflicts, or PERAC. Underpinning our analysis are the 28 draft principles on this topic that have recently been adopted on first reading by the UN’s International Law Commission (ILC). The report’s aim is threefold: firstly, to identify the UK’s position regarding each draft principle; secondly, to trace potential discrepancies between the UK’s positions and the draft principles; and thirdly, to provide recommendations that will enhance environmental protection throughout the conflict cycle. The report follows the temporal approach that is utilised by the ILC, considering practice before, during, and after armed conflicts, and in situations of occupation.
To our knowledge, this is the first time that any state’s practice has been independently assessed against the ILC’s draft principles. Because of the broad scope of the principles, we have had to rely on a wide range of sources in an effort to interpret UK policy and practice. And because the UK does not currently report its own practice with respect to the ILC’s draft principles, some of these sources can only provide an indicative view on practice. As a result, some of the findings of this report should be viewed as preliminary and subject to change as the UK’s position becomes clearer. The table below summarises the findings of our analysis.