The Protection of the Natural Environment in International Armed Conflicts : The Means and Methods in a Temporal Perspective

Damage caused to the environment in international armed conflicts (IACs) has become a grow-ing concern within the law of armed conflict (LOAC), especially as the understanding of the long-term effects that armed conflicts have on the natural environment and the civilian popula-tion has increased. However, the current legal protection of the natural environment in IACs appears limited and difficult to apply in practice. This study examines how the LAOC protects the environment during IACs and what obligations States have from a perspective of jus in bello. The study uses treaty law, customary law, and State practice to analyse existing legal rules under the LOAC. The first part of this study investigates the special protection found in Articles 35(3) and 55(1) of the Additional Protocol I of the Geneva Conventions, using the cumulative triple test of these Articles regarding the use of methods and means of warfare. Arguments are made that this protection is difficult to apply in practice due to the high threshold of the test. Consequently, the requirements to activate its protection are rarely met, resulting in few legal consequences for damage caused to the natural environment in IACs under these provisions. This is evidenced by case studies conducted in the paper on previous IACs, showing that the protection under treaty law alone has not been strong enough. To address this problem, the author proposes in the second part that the natural environment should be treated as a civilian object under the general principles of the LOAC and should receive protection under the cardinal principles that apply to all civilian objects in an IAC. The study concludes that although treaty law provides special protection for the natural envi-ronment in an IAC, it must be combined with customary law and general principles of the LOAC to offer complete protection. This broader approach helps ensure that the natural envi-ronment is particularly cared for during military operations and supports the development of stronger legal norms within the LOAC.