Wartime Environmental Damage Before International Courts and Tribunals [Video]
Publisher: Minerva Center for the Rule of Law Under Extreme Conditions
Author(s): Stavros Pantazopoulos
Date: 2020
Topics: Governance
Countries: Colombia, India
Remedying wartime environmental damage in the aftermath of an armed conflict is fraught with considerable difficulties. For one, causation and proof of wartime environmental damage present themselves as very complicated matters, given the all-too-often absence or inadequacy of baseline data concerning the pre-armed conflict environmental conditions, which pose considerable hurdles to securing adequate reparations for this type of damage. On the other hand, the crucial role of the environment in this context cannot be overstated, since it could serve as a catalyst for sustainable peace. Against this background, the seminar talk will delve into the law of responsibility for wartime environmental damage, analyzing both the applicable legal framework and the relevant practice of international courts and tribunals. Specifically, the emphasis will be placed in three judicial institutions: the United Nations Compensation Commission, which comprises an innovative endeavor to adjudicate claims for wartime environmental damage, the International Criminal Court, and the International Court of Justice. The seminar talk will further inquire whether the efforts of the international community in addressing wartime environmental damage through adjudication serve or undermine the quest for the environmental rule of law, given the significant import that the latter has recently acquired in the work of the UN Environment Programme.