States Back Further Progress on Conflict and Environment in UN Legal Debate

Nov 9, 2016 | Doug Weir
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Before this May’s UN Environment Assembly (UNEA) resolution, the annual debates on the work of the International Law Commission (ILC), which take place in the UN General Assembly’s Sixth Committee, provided the only window into where governments stood on the “protection of the environment in relation to armed conflicts” (PERAC). Special Rapporteur Dr Marie Jacobsson has now published three reports on PERAC, which consider PERAC before, during and after armed conflicts. From these, draft principles have been proposed and been subject to review within the ILC’s drafting committee, prior to their consideration by States. This year’s third report looked mainly at post-conflict measures to enhance the protection of the environment and civilians. Unlike the earlier draft principles, many of which related to existing obligations under international humanitarian law (IHL), the latest set were inspired by a much broader palette of norms, State practice and custom; as such it was unclear how they would be received.