Protecting War’s Unseen Environmental Damage

Abstract This article explores the evolving legal landscape of environmental protection in armed conflict, emphasizing the critical contributions of the icrc Environmental Guidelines and the principles developed by the International Law Commission’s ( ilc ) on Protection of the Environment in relation to Armed Conflict ( perac principles). By incorporating scientific insights and increasing environmental awareness, these frameworks encourage a broader understanding of environmental damage that includes direct and indirect impacts on ecosystems. In particular, the perac principles’ temporal approach, introduced by Special Rapporteur Marie Jacobsson, marks a significant shift towards recognizing environmental harm as a complex, multi-stage issue spanning before, during, and after armed conflict. Drawing on the jurisprudence of the Special Jurisdiction for Peace (the jep ) in the transitional justice context of Colombia, the article underscores how the temporal approach can address also long-lasting environmental consequences on vulnerable populations, particularly Indigenous peoples by being informed by Indigenous law.