Opinion > Columns
Law of armed conflict: Deficiencies and challenges

LIKE the rest of international law, international humanitarian law has been slow in providing the environment with a set of rules of law specific to it. Thus, the word 'environment' does not even appear in the Geneva Conventions (1949) and Hague Conventions (1907), nor do they address specific environmental issues. And, granting that the rules of war are sufficient, perhaps what is needed is to ensure greater compliance with the rules. But to be able to comply, it is necessary to clarify and interpret the scope and context of some of those rules.

For instance, what constitutes 'widespread, long-term and severe damage' to the environment? There is a need for the stricter application of the principle of proportionality and a more precise definition of its scope in specific situations. Also, the importance of defining with certainty the threshold of application of the rules, the need for a clear decision regarding the applicability in wartime of provisions of international environmental law and the advisability of setting up a mechanism to sanction breaches thereof.