5. Armed Conflict and the Environment

5. Armed Conflict and the Environment The following are the important developments that have taken place during the year 2016. (1) International Law Commission (ILC) The ILC continued its work on the topic ‘protection of the environment in relation to armed conflict.’ Special Rapporteur Marie G. Jacobsson submitted her third report on 3 June. This report identifies the rules relevant to the post-conflict phase and also advocates some preventive measures to be taken at the pre-conflict level. Her report contains some draft principles on preventive as well as post-conflict measures, on remnants of war, and on the rights of indigenous peoples. The draft principles, as per the decision of the ILC, have subsequently been referred to the Drafting Committee for further deliberations. The Drafting Committee provisionally adopted these draft principles during its sixty-sixth session and also revised the earlier draft principles (<http://legal.un.org/ilc/guide/8_7.shtml>). (2) International Criminal Court (ICC) The Office of the Prosecutor authored the policy paper on case selection and prioritization in September. The basic purpose of this paper is to provide guidance to the Office of the Prosecutor in the selection and prioritization of cases for the purposes of investigation and prosecution. Aligning with the principle of complementarity, this policy paper underlines that the Office of the Prosecutor will provide assistance to the national government in regard to crimes committed under national laws, such as the illegal exploitation of natural resources, destruction of the environment, and so on. The policy paper stipulates that the destruction of particular environments may be one of the factors determining the existence of particular cruelty (para. 40). The paper also gives specific attention to environmental destruction in determining the impact of the crime (para. 41). (3) United Nations Environment Programme (UNEP) UNEP has continued its disasters and conflicts program in order to deliver the innovative and efficient solutions to the problems of environmental degradation due to natural and man-made crisis. These solutions are both tailor-made and take care of specific needs of particular regions and general guidelines for policy-level intervention containing broad principles that are useful in drawing any plans for environmental recovery. This program focuses on key areas of risk reduction, preparedness, and response and recovery. The program is being run through the following key entities: the Post Conflict Disaster Management Branch, the Joint UNEP/UN Office for the Coordination of Humanitarian Affairs Environment Unit, the Environment and Security Initiative, and the Awareness and Preparedness for Emergencies on a local level. Throughout the year, UNEP has been actively involved in the following important activities in regard to armed conflict and the environment. UNEP, the UN Entity for Gender Equality and the Empowerment of Women (UN Women), and the UN Development Programme (UNDP) signed a project document on 12 December promoting gender-responsive approaches to natural resources management for peacebuilding in Northern Kordofan, Sudan. This is the first pilot project of the global joint program of UNEP, UN Women, and the UNDP on gender, natural resource management, and peacebuilding. The government of Finland is the main donor. Partners in Sudan include the Ministry of International Cooperation, the State Ministry of Agriculture, the State Ministry of Animal Resources, the State Ministry of Gender and Social Welfare, a local non-governmental organization, and the community in North Kordofan State. UNEP’s South Sudan office, in collaboration with the National Ministry of Environment and Forestry, organized an inception workshop on 23 November in Juba in order to prepare its first state of the environment and outlook report. The report is expected to be launched by late 2017. This workshop aimed to involve different stakeholders and experts in identifying the environmental hotspots and hope spots with a human dimension. A side event, along with the second session of the United Nations Environment Assembly of the UNEP (UNEA-2), was organized on the theme of extractive resources, peace, and sustainable development on 23 May in Nairobi. The event witnessed intense discussion on the environmental role of extractive industries for sustainable peace and development. The Mapping and Assessing the Performance of Extractive Industries (MAP-X platform) was presented to the Extractive Industry Transparency Initiative Global Conference in Lima, Peru. MAP-X is an open data platform developed by UNEP and the World Bank to help all of the stakeholders in the extractive sector to access, analyse, and visualize authoritative data concerning revenue, risks, and benefits. Currently, this program is being tested in the Democratic Republic of the Congo, Afghanistan, and Nigeria. Apart from this, UNEA-2 also adopted Resolution UNEP/EA2/Res.15 on 27 May, underlining the importance of healthy ecosystems and sustainable management of natural resources in lowering the risk of armed conflicts. (4) International Union for Conservation of Nature (IUCN) The IUCN’s World Conservation Congress was held in Hawaii on 1–10 September. This congress has witnessed the adoption of resolutions that have direct and indirect bearings on the relationship between armed conflict and the environment. World Conservation Congress Resolution 095, entitled Support for Peace and Nature in Colombia, underlines the importance of sustainable natural resource management in implementing the peace deal between the Colombian government and the guerrilla group Fuerzas Armadas Revolucionarias de Colombia (FARC) and urges that solutions for conflict must be found in nature, its conservation, and social equity in order to ensure long-lasting peace. (5) Environmental Law Institute (ELI) The ELI has continued with its environmental peacebuilding program with other partner institutions such as UNEP, McGill University, the University of Tokyo, and so on. The sixth book under this initiative, entitled Governance, Natural Resources, and Post-Conflict Peacebuilding, was published in April. It primarily discusses the methods and mechanisms to address the cultural, social, economic, and political dimensions of any post-conflict environment that will lay the foundation for sustainable peace. This initiative has also published a third environmental perspective entitled Communities and the State: Rethinking the Relationship for a More Progressive Agrarian Century by Liz Alden Wily. This perspective argues for making communities into land owners so that a new and progressive century based on community agriculture can become a reality. This perspective is an abridged version of the third Al-Moumin Distinguished Lecture on Environmental Peacebuilding that was held on 6 October 2015. The fourth Al-Moumin distinguished lecture on environmental peacebuilding was delivered by Marie Jacobsson on 3 November. © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Yearbook of International Environmental Law Oxford University Press

5. Armed Conflict and the Environment

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© The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com
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0965-1721
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2045-0052
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Abstract

The following are the important developments that have taken place during the year 2016. (1) International Law Commission (ILC) The ILC continued its work on the topic ‘protection of the environment in relation to armed conflict.’ Special Rapporteur Marie G. Jacobsson submitted her third report on 3 June. This report identifies the rules relevant to the post-conflict phase and also advocates some preventive measures to be taken at the pre-conflict level. Her report contains some draft principles on preventive as well as post-conflict measures, on remnants of war, and on the rights of indigenous peoples. The draft principles, as per the decision of the ILC, have subsequently been referred to the Drafting Committee for further deliberations. The Drafting Committee provisionally adopted these draft principles during its sixty-sixth session and also revised the earlier draft principles (<http://legal.un.org/ilc/guide/8_7.shtml>). (2) International Criminal Court (ICC) The Office of the Prosecutor authored the policy paper on case selection and prioritization in September. The basic purpose of this paper is to provide guidance to the Office of the Prosecutor in the selection and prioritization of cases for the purposes of investigation and prosecution. Aligning with the principle of complementarity, this policy paper underlines that the Office of the Prosecutor will provide assistance to the national government in regard to crimes committed under national laws, such as the illegal exploitation of natural resources, destruction of the environment, and so on. The policy paper stipulates that the destruction of particular environments may be one of the factors determining the existence of particular cruelty (para. 40). The paper also gives specific attention to environmental destruction in determining the impact of the crime (para. 41). (3) United Nations Environment Programme (UNEP) UNEP has continued its disasters and conflicts program in order to deliver the innovative and efficient solutions to the problems of environmental degradation due to natural and man-made crisis. These solutions are both tailor-made and take care of specific needs of particular regions and general guidelines for policy-level intervention containing broad principles that are useful in drawing any plans for environmental recovery. This program focuses on key areas of risk reduction, preparedness, and response and recovery. The program is being run through the following key entities: the Post Conflict Disaster Management Branch, the Joint UNEP/UN Office for the Coordination of Humanitarian Affairs Environment Unit, the Environment and Security Initiative, and the Awareness and Preparedness for Emergencies on a local level. Throughout the year, UNEP has been actively involved in the following important activities in regard to armed conflict and the environment. UNEP, the UN Entity for Gender Equality and the Empowerment of Women (UN Women), and the UN Development Programme (UNDP) signed a project document on 12 December promoting gender-responsive approaches to natural resources management for peacebuilding in Northern Kordofan, Sudan. This is the first pilot project of the global joint program of UNEP, UN Women, and the UNDP on gender, natural resource management, and peacebuilding. The government of Finland is the main donor. Partners in Sudan include the Ministry of International Cooperation, the State Ministry of Agriculture, the State Ministry of Animal Resources, the State Ministry of Gender and Social Welfare, a local non-governmental organization, and the community in North Kordofan State. UNEP’s South Sudan office, in collaboration with the National Ministry of Environment and Forestry, organized an inception workshop on 23 November in Juba in order to prepare its first state of the environment and outlook report. The report is expected to be launched by late 2017. This workshop aimed to involve different stakeholders and experts in identifying the environmental hotspots and hope spots with a human dimension. A side event, along with the second session of the United Nations Environment Assembly of the UNEP (UNEA-2), was organized on the theme of extractive resources, peace, and sustainable development on 23 May in Nairobi. The event witnessed intense discussion on the environmental role of extractive industries for sustainable peace and development. The Mapping and Assessing the Performance of Extractive Industries (MAP-X platform) was presented to the Extractive Industry Transparency Initiative Global Conference in Lima, Peru. MAP-X is an open data platform developed by UNEP and the World Bank to help all of the stakeholders in the extractive sector to access, analyse, and visualize authoritative data concerning revenue, risks, and benefits. Currently, this program is being tested in the Democratic Republic of the Congo, Afghanistan, and Nigeria. Apart from this, UNEA-2 also adopted Resolution UNEP/EA2/Res.15 on 27 May, underlining the importance of healthy ecosystems and sustainable management of natural resources in lowering the risk of armed conflicts. (4) International Union for Conservation of Nature (IUCN) The IUCN’s World Conservation Congress was held in Hawaii on 1–10 September. This congress has witnessed the adoption of resolutions that have direct and indirect bearings on the relationship between armed conflict and the environment. World Conservation Congress Resolution 095, entitled Support for Peace and Nature in Colombia, underlines the importance of sustainable natural resource management in implementing the peace deal between the Colombian government and the guerrilla group Fuerzas Armadas Revolucionarias de Colombia (FARC) and urges that solutions for conflict must be found in nature, its conservation, and social equity in order to ensure long-lasting peace. (5) Environmental Law Institute (ELI) The ELI has continued with its environmental peacebuilding program with other partner institutions such as UNEP, McGill University, the University of Tokyo, and so on. The sixth book under this initiative, entitled Governance, Natural Resources, and Post-Conflict Peacebuilding, was published in April. It primarily discusses the methods and mechanisms to address the cultural, social, economic, and political dimensions of any post-conflict environment that will lay the foundation for sustainable peace. This initiative has also published a third environmental perspective entitled Communities and the State: Rethinking the Relationship for a More Progressive Agrarian Century by Liz Alden Wily. This perspective argues for making communities into land owners so that a new and progressive century based on community agriculture can become a reality. This perspective is an abridged version of the third Al-Moumin Distinguished Lecture on Environmental Peacebuilding that was held on 6 October 2015. The fourth Al-Moumin distinguished lecture on environmental peacebuilding was delivered by Marie Jacobsson on 3 November. © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com

Journal

Yearbook of International Environmental LawOxford University Press

Published: Dec 28, 2017

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