Human rights, the environment and conflict : addressing crimes against the environment

Actions taken during the course of armed conflict have, through the ages, led to significant environmental destruction. Until recently this was regarded as an unfortunate but unavoidable consequence of conflict, despite its sometimes disastrous impact on human populations. However, as the nature and extent of environmental rights have come to be more widely recognized, it is no longer the case that the deliberate destruction of the environment to achieve military and strategic goals can be accepted, particularly given the development of weapons capable of widespread and significant damage. This article argues that the deliberate destruction of the environment during wartime should, in appropriate circumstances, be regarded as a ‘Crime against the Environment’ and should attract international criminal responsibility. It examines the existing international rules that apply to the protection of the environment during armed conflict and explores whether, and to what extent, the International Criminal Court may have competence to deal with acts that significantly damage the environmental rights of targeted populations