Legal Analysis Regarding the Potentiality of Considering Environmental Damage a War Crime

Abstract

Triggered by the open letter from 24 scientists which calls on governments to draft a fifth Geneva Convention related toward a more explicit protection of the environment during an armed conflict between engaged states, this paper tends to analyze the legal potentiality of environmental damages being properly considered as war crimes. Simultaneously, this contemporary occurrence has certain influences upon international environmental law by critically reviewing the existing legislation concerning environmental damage and military activities, comparing the fundamental elements of both war crimes and crimes against humanity in order to determine potential conflicts of international norms, as well as objectively perceiving the legal benefits that could be obtained by the consideration of drafting newly developed principles, regulations and guidelines which should also include animals and non-human species to wildlife affected by war and military operations.