Abstract

The International Law Commission (ILC) has recently issued new principles for the Protection of the Environment, which address environmental issues in armed conflict. The principles are intended to fill the gaps in the existing international legal framework in this area, and represent the most significant legal advancement on this issue in 50 years, but rather they are intended to raise the profile of the issue and make the environment a priority in the aftermath of conflict. This paper critically analyses the strengths, weaknesses and potential problems of these principles, demonstrating their practical application through case studies. Their effectiveness depends on their adoption and implementation by parties to armed conflict, as well as on international regulatory mechanisms, which to a large extent constrain the principles; A structured approach was adopted to critically examine the ILC's basic principles in detail using four case studies: the 1938 Yellow River Flood, the FUDS programme, the Vietnam War, and the Russo- Ukrainian War, revealing how these principles may affect the legal environment.

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