{"title":"Protecting the environment in armed conflict: Evaluating the US perspective","authors":"W. Casey Biggerstaff, Michael N. Schmitt","doi":"10.1017/s1816383123000516","DOIUrl":"https://doi.org/10.1017/s1816383123000516","url":null,"abstract":"Abstract This article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary status, outlines the United States’ rejection of those claims, and evaluates the reasonableness thereof. Finally, it highlights ambiguities in certain US environmental positions, the resolution of which would bring much-needed clarity to the law.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"40 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135871039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protection of the Environment During Armed Conflict","authors":"Bruno Demeyere","doi":"10.1017/s1816383123000462","DOIUrl":"https://doi.org/10.1017/s1816383123000462","url":null,"abstract":"An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":" 19","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135863121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Increasing the safeguarding of protected areas threatened by warfare through international environmental law","authors":"Jérôme de Hemptinne","doi":"10.1017/s181638312300036x","DOIUrl":"https://doi.org/10.1017/s181638312300036x","url":null,"abstract":"Abstract Vulnerable ecological areas are often seriously impacted by armed conflicts. In theory, these areas could benefit from the safeguards offered by the international humanitarian law (IHL) regimes of “demilitarized zones” and “undefended localities”, but in practice, these regimes – which are designed to protect human beings from the violence of hostilities, and whose application entirely depends on the goodwill of belligerents – are rarely triggered to protect the environment as such. However, international environmental law (IEL) contains a rich and diversified normative framework which organizes the establishment and management of areas of major ecological importance. While this framework has not primarily been conceived to apply to war-related situations, it could nonetheless play a substantive role in strengthening the IHL normative regimes in two respects. Firstly, it could provide interpretative guidance for these regimes so that they can be oriented towards more “ecocentric” purposes and can be read in accordance with the most advanced IEL standards and mechanisms governing biodiversity hotspots (the “environmentalization” of IHL). Secondly, IEL norms and practices could directly apply during warfare and thus complement IHL in many respects. That said, the co-application of IEL and IHL raises difficult issues of compatibility between these regimes, requiring inter alia that the IEL framework governing protected areas be adapted to the needs and specificities of armed conflicts (the “humanitarization” of IEL).","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"1983 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135367508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The protection of the natural environment under international humanitarian law: The ICRC's 2020 Guidelines","authors":"Helen Obregón Gieseken, Vanessa Murphy","doi":"10.1017/s1816383123000401","DOIUrl":"https://doi.org/10.1017/s1816383123000401","url":null,"abstract":"Abstract In 2020, the International Committee of the Red Cross's work on the protection of the natural environment under international humanitarian law (IHL) produced the Committee's Guidelines on the Protection of the Natural Environment in Armed Conflict (ICRC Guidelines), an update of their 1994 predecessor. The ICRC Guidelines consist of thirty-two rules and recommendations under IHL, each accompanied by a commentary explaining their legal basis and providing guidance for interpretation. This article presents an overview of the context surrounding the Guidelines, certain key legal content, and practical implications for the conduct of parties to armed conflict as they fight.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135995991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The practice of the UN Security Council pertaining to the environment and armed conflict, 1945–2021","authors":"Radhika Kapoor, Dustin A. Lewis","doi":"10.1017/s1816383123000425","DOIUrl":"https://doi.org/10.1017/s1816383123000425","url":null,"abstract":"Abstract Contemporary ecological and climate crises have thrown into sharp relief debates around what roles and responsibilities, if any, international security bodies ought to have in addressing environment-related matters. Building on a wider catalogue of the United Nations Security Council's practice concerning the environment, in this article, we provide a snapshot of the Council's practice pertaining in particular to the environment and armed conflict. In addition to setting out key aspects relating to the personal, geographical and temporal scope of that practice, we identify four armed-conflict-related substantive themes arising in the Security Council's actions in this area: (1) relations between conflict and natural resources; (2) relations between conflict and adverse environment-related phenomena; (3) relations between conflict and chemical and biological weapons; and (4) adverse impacts of conflict on the environment. Through this examination, we aim in part to provide stakeholders with a more extensive and detailed basis on which to evaluate what actions the Council has taken – and, by inference, which actions it has not taken – with respect to the environment and armed conflict.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136034714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Interview with Marja Lehto","authors":"","doi":"10.1017/s1816383123000437","DOIUrl":"https://doi.org/10.1017/s1816383123000437","url":null,"abstract":"Dr Marja Lehto is Ambassador for International Legal Affairs at the Ministry for Foreign Affairs of Finland, and Adjunct Professor of International Law at the University of Helsinki. She was a member of the United Nations (UN) International Law Commission (ILC) and served as the Special Rapporteur for the topic “Protection of the Environment in Relation to Armed Conflicts” from 2017 to 2022. Dr Lehto is also a member of the Council of the International Institute of Humanitarian Law since 2019. She has formerly served, inter alia , as Legal Adviser to the Finnish UN Mission in New York (1995–2000), as Head of the Unit for Public International Law (2000–09), and as Finland's Ambassador to Luxembourg (2009–14). For most of her career, she has worked on issues related to international peace and security, including international criminal justice and international humanitarian law (IHL), and she has published on a broad range of international legal questions related to the law of the sea, international environmental law (IEL), State succession, use of force, armed conflicts, terrorism and cyber security.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135831055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Leveraging emerging technologies to enable environmental monitoring and accountability in conflict zones","authors":"Wim Zwijnenburg, Ollie Ballinger","doi":"10.1017/s1816383123000383","DOIUrl":"https://doi.org/10.1017/s1816383123000383","url":null,"abstract":"Abstract The growth of access to the internet, wide availability of smart phones and increased public access to remote sensing data from hundreds of satellite systems have spurred a revolution in tracking the linkages between armed conflict and environmental damage. Over the last decade, a growing community of open-source investigative experts, environmentalists, academics and civil society groups have applied these methods to document war crimes, human rights violations and environmental degradation. These developments have created new opportunities for building accountability and transparency. The wealth of data on conflict-linked environmental damage has already been successfully leveraged to address acute and long-term environmental health risks and inform humanitarian response and post-conflict environmental assessments in Iraq, Syria and Ukraine. There are, however, larger questions on how to best make use of these data streams and information layers, and how to navigate the opportunities and limitations of these developments. This article will outline the new developments in this field and provide recommendations to ensure that data is used responsibly and effectively to strengthen accountability for environmental damages as a result of armed conflict.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"2010 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135537802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"War in cities: Why the protection of the natural environment matters even when fighting in urban areas, and what can be done to ensure protection","authors":"Eve Massingham, Elina Almila, Mathilde Piret","doi":"10.1017/s1816383123000395","DOIUrl":"https://doi.org/10.1017/s1816383123000395","url":null,"abstract":"Abstract Around 50 million people across the world are affected by urban warfare. When conflict occurs in cities, the natural environment has historically been relegated to an afterthought, but both the immediate and long-term environmental consequences of urban warfare are serious. This article looks at actions that can be taken to protect the natural environment – and through this, the population – against the effects of urban warfare when fighting in urban areas. It is intended to be a part of the conversation about what parties to armed conflict can and should do to give effect to their legal obligations under international humanitarian law and international law more broadly, with a specific focus on the natural environment when fighting in urban areas.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"66 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135538226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Line Baagø-Rasmussen, Carin Atterby, Laurent Dutordoir
{"title":"Building the case for a social and behaviour change approach to prevent and respond to the recruitment and use of children by armed forces and armed groups","authors":"Line Baagø-Rasmussen, Carin Atterby, Laurent Dutordoir","doi":"10.1017/s1816383123000346","DOIUrl":"https://doi.org/10.1017/s1816383123000346","url":null,"abstract":"Abstract Over the last decade, social and behaviour change strategies have increasingly been used to address human rights and child protection concerns, including harmful practices such as child marriage, female genital mutilation and violent discipline. Social and gender norms have also been recognized as key drivers of child recruitment. Nonetheless, the use of social and behaviour change strategies to prevent and respond to the recruitment and use of children in armed conflict has not yet been systematically explored or applied. Building on academic and practical sources, including findings from studies by the International Committee of the Red Cross and United Nations University, social and behavioural science theory, experiences from the Monitoring and Reporting Mechanism on grave violations against children, and academic literature, this article explores how social and behaviour change approaches can inform prevention of and response to the recruitment and use of children in armed conflict. The article concludes that social and behaviour change approaches can effectively inform prevention and reintegration efforts and can facilitate responses that bridge the humanitarian, development and peace nexus. Using social and behaviour change approaches can help to reveal why children are recruited from the perspective of key actors and entities across the socio-ecological framework in order to prevent the practice from becoming more accepted.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"2011 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135202358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Catherine-Lune Grayson, Amir Khouzam, Nishanie Jayamaha, Stephanie Julmy
{"title":"The Climate and Environment Charter for Humanitarian Organizations: Strengthening the humanitarian response to the climate and environment crises","authors":"Catherine-Lune Grayson, Amir Khouzam, Nishanie Jayamaha, Stephanie Julmy","doi":"10.1017/s1816383123000371","DOIUrl":"https://doi.org/10.1017/s1816383123000371","url":null,"abstract":"\u0000 Since its launch in 2021, the Climate and Environment Charter for Humanitarian Organizations (the Charter) has been signed by hundreds of humanitarian actors across the world, including local and national organizations, United Nations agencies, National Red Cross and Red Crescent Societies, and large international NGOs. The Charter's development grew out of a sector-wide recognition that humanitarians have a role to play in addressing the crises of climate change and environmental degradation, and that fulfilling this role would entail changing how they work. Two years into its existence, the Charter has helped build momentum towards this change and has provided a useful measurement tool for how much remains to be done.\u0000 This paper traces the origins, inspiration and process of the Charter from the perspective of the present authors, who co-led the Charter's development. The article highlights some of the challenges that we faced and how these were addressed. In taking stock of progress towards the Charter's goals, the article flags areas where further effort is needed to adequately strengthen the humanitarian response to the climate and environmental crises.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"5 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90183730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}