The ILC Draft Principles on the Protection of the Environment in Armed Conflict

Aug 4, 2022 | Stavros Pantazopoulos
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After almost a decade working on the topic “Protection of the environment in relation to armed conflicts” (PERAC), the UN International Law Commission (ILC) adopted on second reading 27 draft principles and a preamble during the first part of its 73rd session. This process was skillfully led throughout by the two Special Rapporteurs on the topic, the former one, Ambassador Marie Jacobsson, and the current, Ambassador Marja Lehto.

Following the adoption of the draft principles on first reading in 2019, the ILC invited States, international organizations, and others to submit their written observations. It is quite remarkable that more than twenty States, as well as several international and non-governmental organizations heeded this call. The ILC is expected to adopt the associated commentaries and then submit the final output of its work to the UN General Assembly for consideration.

Against this background, this post addresses cross-cutting themes of the ILC’s PERAC draft principles. Subsequently, it discusses selected issues of the ILC’s endeavor, with special emphasis on the in bello period.