Protecting the Silent Victim from Irregular Actors: Improving Non-State Compliance with the International Law of Environmental Protection in Armed Conflict

Abstract

This paper was written as an honours thesis at the ANU College of Law, under the supervision of Associate Professor Don Anton.

International Humanitarian Law has often been lacking, particularly in relation to environmental protection, and in its ability to regulate armed non-state actors (ANSAs). As a result, significant environmental harm has occurred throughout modern conflicts which increasingly involve actors who cannot be easily regulated under formal law. This paper explores the limitations of the current legal regime, both formally and in its ability to practically protect the environment from the acts of ANSA’s in armed conflict. It goes on to consider the ways in which this system might be improved; through greater clarification and codification of existing law, increased informal mechanisms and institutional support for engagement with and monitoring of ANSA compliance with this law, and development of criminal liability for environmental war crimes. An holistic approach to implementation of these factors would allow greater opportunity for the protection of the environment in armed conflict and for sustainable post-conflict recovery.