Environmental Impact of Armed Conflict

A Legal Concern from Global Justice Perspective

Abstract

Throughout the years, the maturing of a global community and enhanced knowledge of the growing deleterious effects of human interactions with the environment have resulted in the unequivocal acknowledgement of the fact that protecting the environment is a global concern. In light of this, various measures such as environmental conventions, protocols, agreements, sustainable development goals, etc. among states have been developed, imposing global environmental responsibilities, such as the United Nations ENMOD Convention and Protocol I, along with more recent measures such as the 2022 ILC’s proposed 27 draft principles for PERAC. However, with the advent of globalisation along with various economic, political, religious, social and cultural factors, contemporary issues such as environmental harm by way of armed conflict, a present example of which is the Russia-Ukraine War, continue to become frequent. The aim of this paper is thus, to firstly, assess the impact that armed conflict has had on the global environment and evaluate various recent examples as well as the implications of the same in the global context. Based on the previous averment, to assess if this environmental concern is indeed a global justice concern or restricted only to the involved states and secondly, to analyse the existing international legal framework/ mechanism and its practical application, adherence and effectiveness in recent years. Lastly, the proposition that there is a growing urgency and importance of a revised legal effort, founded on global cooperation, in view of several recognised international environmental conventions, protocols, etc., with regard to taking measures to protect and preserve the environment in wake of the recent international armed conflicts impacting the environment is scrutinized.