Prosecuting Members of the U.S. Military for Wartime Environmental Crimes

Abstract

War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States military responsible for illegal environmental damage during wartime. Further, these laws and regulations provide sufficient penalties and other enforcement mechanisms to deter potential violators, punish convicted criminals, and protect the environment.

Keywords: international law, law of armed conflict, law of war, military, environment

JEL Classification: K32, K33