Protection of the Environment in Times of Non-international Armed Conflicts – a Gap to be Filled in

• Published in: Studia Iuridica (Warszawa) Vol. 78; pp. 184 - 198
• Main Author: Kenig-Witkowska, Maria Magdalena
• Format: Journal Article
• Language: English
• Published: 29.05.2019
• ISSN: 0137-4346; 2544-3135
• DOI: 10.5604/01.3001.0013.2160

Environmental protection in times of non-international armed conflicts is not subject to the sectoral or particular protection categories of environmental law and to date it has not been comprehensively regulated by international law. Except for generalities, it was also ignored in the 1992 Rio Declaration Principle 24 of which is not unambiguous in its expression. In fact, only the international humanitarian law of armed conflict contains norms which address the natural environment in times of armed conflicts. On the basis of a review of legal acts addressing the issues of environmental protection in times of non-international conflicts, negative conclusions de lege lata can be drawn as part of an attempt to answer the question whether international law ensures sufficient environmental protection in such circumstances. In the Author’s opinion, in international law there is a gap relating to the protection of the environment in times of non-international armed conflicts; the existing legal regulations which could be applied in these matters have a rudimentary characters.