254
way they have transformed the concept of military operations. At the same time
environmental factors were driving changes in the political relations among States.
Already in the late 1800 existing treaties were regulating the issue of dangerous
substances, chemicals, or gas in war. However, the major concerns were directed to
the protection of people, and only indirectly addressing the problem of contamination of the environment. The Hague Conventions of 1899 and 1907 were the first
multilateral treaties regulating the conduct of warfare and were largely based on the
Lieber Code, signed and issued by US President Abraham Lincoln to the Union
Forces of the United States on 24 April 1863, during the American Civil War. The
1907 Conventions consisted of thirteen treaties and one declaration. The majority of
them though had already been violated during World War I. Poisonous gas was in
fact forbidden under the IV Convention, but had been largely used.
Additionally, important protection rules, complementing the Hague conventions
and seeking to protect people who are not or are no longer taking part in hostilities,
as the sick and wounded of armed forces on the field, wounded, sick, and shipwrecked members of armed forces at sea, prisoners of war, and civilians were universally agreed in the aftermath of the World War II under the Geneva conventions.
Following the tragedy of the World War II and as a successor of the League of
Nations that proved to be totally ineffective, the United Nations were established
precisely with the intention to guarantee a durable peace through friendly relations
among States, through cooperation and through the decision to ban war for ever.
Nevertheless war is an inevitable component of the political relations. As Von
Clausewitz would say “war is merely an extension of diplomacy by other means”.
Competition for resources and power continue to forge in many ways international
relations. To preserve peace and security, among the goals of the United Nations the
development and implementation of International Law is a fundamental component
for the expansion of the rule of law. International environmental law should be part
of an effective contribution to this goal not only for the specific scope of preservation and protection of the environment. It would also better support an enhanced
level of cooperation among nations. This chapter aims at discussing the effectiveness of the current framework of environmental law in the context of armed conflicts.
During the 1970 a new phase of international action associated with increased
risks concerning the environment began. Pollution, loss of marine resources, of wetlands, nuclear testing and preventive conservation in general started to be more and
more at the centre of public discussions with the aim of demanding appropriate
international rules to protect natural resources. Several more regional and global
treaties were negotiated, broadening this interest and the promise of the international community to bear a much more responsible attitude in limiting or preventing
the dangers to the environment. The debate on the use of certain weapons in those
years affecting the environment quite strongly animated the public opinion.
In 1972 the General Assembly of the United Nations endorsed the Stockholm
Declaration (“Report of the United Nations Conference on the Human Environment”
1972), whose principle 1 affirms that “man bears a solemn responsibility to protect
and improve the environment for present and future generations”, reminding us of
our intergenerational responsibilities. Moreover, principle 21 of the said declaration
G. Colao
way they have transformed the concept of military operations. At the same time
environmental factors were driving changes in the political relations among States.
Already in the late 1800 existing treaties were regulating the issue of dangerous
substances, chemicals, or gas in war. However, the major concerns were directed to
the protection of people, and only indirectly addressing the problem of contamination of the environment. The Hague Conventions of 1899 and 1907 were the first
multilateral treaties regulating the conduct of warfare and were largely based on the
Lieber Code, signed and issued by US President Abraham Lincoln to the Union
Forces of the United States on 24 April 1863, during the American Civil War. The
1907 Conventions consisted of thirteen treaties and one declaration. The majority of
them though had already been violated during World War I. Poisonous gas was in
fact forbidden under the IV Convention, but had been largely used.
Additionally, important protection rules, complementing the Hague conventions
and seeking to protect people who are not or are no longer taking part in hostilities,
as the sick and wounded of armed forces on the field, wounded, sick, and shipwrecked members of armed forces at sea, prisoners of war, and civilians were universally agreed in the aftermath of the World War II under the Geneva conventions.
Following the tragedy of the World War II and as a successor of the League of
Nations that proved to be totally ineffective, the United Nations were established
precisely with the intention to guarantee a durable peace through friendly relations
among States, through cooperation and through the decision to ban war for ever.
Nevertheless war is an inevitable component of the political relations. As Von
Clausewitz would say “war is merely an extension of diplomacy by other means”.
Competition for resources and power continue to forge in many ways international
relations. To preserve peace and security, among the goals of the United Nations the
development and implementation of International Law is a fundamental component
for the expansion of the rule of law. International environmental law should be part
of an effective contribution to this goal not only for the specific scope of preservation and protection of the environment. It would also better support an enhanced
level of cooperation among nations. This chapter aims at discussing the effectiveness of the current framework of environmental law in the context of armed conflicts.
During the 1970 a new phase of international action associated with increased
risks concerning the environment began. Pollution, loss of marine resources, of wetlands, nuclear testing and preventive conservation in general started to be more and
more at the centre of public discussions with the aim of demanding appropriate
international rules to protect natural resources. Several more regional and global
treaties were negotiated, broadening this interest and the promise of the international community to bear a much more responsible attitude in limiting or preventing
the dangers to the environment. The debate on the use of certain weapons in those
years affecting the environment quite strongly animated the public opinion.
In 1972 the General Assembly of the United Nations endorsed the Stockholm
Declaration (“Report of the United Nations Conference on the Human Environment”
1972), whose principle 1 affirms that “man bears a solemn responsibility to protect
and improve the environment for present and future generations”, reminding us of
our intergenerational responsibilities. Moreover, principle 21 of the said declaration
G. Colao