Momentum Continues to Grow in UN Study on Laws Protecting Environment in Conflict

Nov 13, 2017 | Doug Weir
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The International Law Commission (ILC) is mandated by the UN with the progressive development and codification of international law, and added the topic ‘Protection of the environment in relation to armed conflicts’ (PERAC) to its programme of work in 2013. The move reflected a consensus view among academics, experts, and international organizations that the existing framework was inadequate to deter or address environmental harm from conflicts and military activities. It was also clear that, while a range of different bodies of law afford some protection at different stages of conflicts, precisely how they interact required closer examination. Since 2013, the ILC’s work has also reflected, and been informed by, a number of policy and political initiatives that have emerged on conflict and the environment. The annual debates on the work of the ILC in the Sixth Committee provide states with an opportunity to comment on the priorities for the work and to provide substantive feedback on its outcomes. Thus far these have taken the form of draft principles, some, such as those applicable during conflict have been based heavily on treaty-based and customary international humanitarian law (IHL), others on preventative and post-conflict measures, have been informed by the practice of states and international organizations, as well as broader environmental norms. You can find our coverage of earlier annual debates here: 2014, 2015 and 2016. This year has marked a turning point in the PERAC study. The ILC’s Special Rapporteur on PERAC, Dr. Marie Jacobsson of Sweden, came to the end of her term with the ILC. Dr. Jacobsson had proved energetic, and across three reports had prepared 18 draft principles for review by the ILC and states. However, as it is not unknown for topics to become orphaned at the ILC following the departure of a Special Rapporteur, there were concerns for the future of the PERAC topic ahead of the ILC’s meeting last July. These ultimately proved unfounded. The ILC established a working group on the topic, which moved swiftly to appoint a replacement: Dr. Marja Lehto of Finland. That this process took place so quickly – it could have been delayed until 2018 – reflects the support for PERAC among ILC members, the interest among states – as demonstrated in 2016’s debate, as well as the increasing international interest in the topic – for example the 2016 UN Environment Assembly resolution on the ‘Protection of the environment in areas affected by armed conflicts’.