253
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_21
Environmental Damages and Armed
Conflict
Gabriella Colao
Abstract The concerns about the environment and the associated damages to natural resources in times of armed conflict have emerged in distinct phases of the history reflecting the existing connection between the progress achieved through
technology and the application of such scientific knowledge with the way they have
transformed the concept of military operations. In the last century important protecting rules and criteria have been implemented to protect civilians, to safeguard
those who no longer take part in hostilities, to distinguish civilian objects from military ones, and also to protect the environment as a whole in armed conflicts. However
the issue of damages in times of war still remains highly controversial. The absence
of an integrated and holistic approach in the normative framework applicable to
armed conflict makes the environment extremely vulnerable and at risk, regardless
of the incredible expansion of environmental law since the 1960. The three subsystems of international law, namely humanitarian law, international criminal law and
international environmental law, although have incredibly broadened the legal basis
for the protection in wartimes, present conflicting criteria, especially in determining
liabilities for damages in armed conflict. Nevertheless balancing military operational requirements with environmental protection and security should not be
viewed as an impossible task, even in conflicts. There is a critical need to increase
the protecting efforts of nature and ecosystems both in peacetime and in war, exploring concepts that nature itself has developed and looking at new legal instruments
from the perspective of common good and global commons, a revisited notion of
national interest and of responsible sovereignty.
The concerns about the environment and associated damages to natural resources in
times of armed conflict have emerged in distinct phases of the history reflecting the
connection between the progress and application of scientific knowledge with the
G. Colao (*)
International Organization, Naples, Italy
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_21
Environmental Damages and Armed
Conflict
Gabriella Colao
Abstract The concerns about the environment and the associated damages to natural resources in times of armed conflict have emerged in distinct phases of the history reflecting the existing connection between the progress achieved through
technology and the application of such scientific knowledge with the way they have
transformed the concept of military operations. In the last century important protecting rules and criteria have been implemented to protect civilians, to safeguard
those who no longer take part in hostilities, to distinguish civilian objects from military ones, and also to protect the environment as a whole in armed conflicts. However
the issue of damages in times of war still remains highly controversial. The absence
of an integrated and holistic approach in the normative framework applicable to
armed conflict makes the environment extremely vulnerable and at risk, regardless
of the incredible expansion of environmental law since the 1960. The three subsystems of international law, namely humanitarian law, international criminal law and
international environmental law, although have incredibly broadened the legal basis
for the protection in wartimes, present conflicting criteria, especially in determining
liabilities for damages in armed conflict. Nevertheless balancing military operational requirements with environmental protection and security should not be
viewed as an impossible task, even in conflicts. There is a critical need to increase
the protecting efforts of nature and ecosystems both in peacetime and in war, exploring concepts that nature itself has developed and looking at new legal instruments
from the perspective of common good and global commons, a revisited notion of
national interest and of responsible sovereignty.
The concerns about the environment and associated damages to natural resources in
times of armed conflict have emerged in distinct phases of the history reflecting the
connection between the progress and application of scientific knowledge with the
G. Colao (*)
International Organization, Naples, Italy