Protecting the Environment During Armed Conflict: IHL and Islamic Law

Jun 8, 2021 | Ahmed Al-Dawoody and Sarah Gale
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Protecting the environment during armed conflict is garnering renewed attention in light of the ongoing climate and environment crisis. At its root, however, this is not a new phenomenon. It can be seen in the deliberations of Muslim jurists as far back as the 7th and 8th centuries. Some shared questions between modern day international humanitarian law (IHL) and these historical debates include the basis on which the natural environment is protected, from which other legal elements stem.

In this post, part of the War, Law and the Environment blog series with the Conflict and Environment Observatory, ICRC’s Dr. Ahmed Al-Dawoody, legal advisor on Islamic law and jurisprudence, and Sarah Gale, ICRC Delegate, confirm the civilian character of the natural environment under IHL and Islamic law and that these bodies of law share similarities in the obligations of parties to a conflict to protect the environment. Such a comparison between IHL and Islamic law demonstrates the compatibility and importance of drawing on multiple legal traditions to enhance and promote the protection of the environment during armed conflict.