Protecting the environment in armed conflict: evaluating the US perspective

Biggerstaff, W. C. and Schmitt, M. N. ORCID: https://orcid.org/0000-0002-7373-9557 (2023) Protecting the environment in armed conflict: evaluating the US perspective. International Review of the Red Cross, 105 (924). pp. 1267-1292. ISSN 1607-5889 doi: 10.1017/S1816383123000516

Abstract/Summary

This article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary status, outlines the United States’ rejection of those claims, and evaluates the reasonableness thereof. Finally, it highlights ambiguities in certain US environmental positions, the resolution of which would bring much-needed clarity to the law.