International Law Commission

Last update: February 15, 2024

Summaries of the Work of the International Law Commission

Protection of the environment in relation to armed conflicts

At its sixty-third session, in 2011, the Commission included the topic “Protection of the environment in relation to armed conflicts” in its long-term programme of work.¹ A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.²

The General Assembly, in resolution 66/98 of 9 December 2011, took note of the inclusion of the topic in the long-term programme of work of the Commission.

At its sixty-fifth session, in 2013, the Commission decided to include the topic “Protection of the environment in relation to armed conflicts” in its programme of work and appointed Marie G. Jacobsson as Special Rapporteur for the topic.³

At the sixty-sixth session in 2014, the Commission considered the preliminary report of the Special Rapporteur,⁴ which provided an introductory overview of the environmental rules and principles applicable to a potential armed conflict (“peacetime obligations”).⁵

At its sixty-seventh session, in 2015, the Commission had before it the second report of the Special Rapporteur,⁶ which, inter alia, identified and examined existing rules of armed conflict directly relevant to the protection of the environment in relation to armed conflict. The report contained five draft principles and three draft preambular paragraphs. The Commission referred the draft preambular paragraphs and the draft principles to the Drafting Committee, with the understanding that the provision on use of terms was referred for the purpose of facilitating discussions and was to be left pending by the Drafting Committee at that stage. The Commission subsequently took note of the draft introductory provisions and draft principles I-(x) to II-5, provisionally adopted by the Drafting Committee.⁷

At its sixty-eighth session, in 2016, the Commission had before it the third report of the Special Rapporteur,⁸ which focused on identifying rules of particular relevance to post-conflict situations, while also addressing some preventive issues to be undertaken in the pre-conflict phase. The report contained a proposal of three draft principles on preventive measures, five draft principles on the post-conflict phase and one draft principle on the rights of indigenous peoples.⁹ The Commission referred the draft principles to the Drafting Committee and also referred back to the Drafting Committee the draft introductory provisions and draft principles it had taken note of during its sixty-seventh session to address some technical issues. Upon receipt of the reports of the Drafting Committee, the Commission took note of draft principles 4, 6, 7, 8, 14, 15, 16, 17 and 18, which had been provisionally adopted by the Drafting Committee, and provisionally adopted the draft principles of which it had taken note at its sixty-seventh session, together with commentaries thereto.¹⁰

At its sixty-ninth session, in 2017, the Commission established a Working Group on the topic, chaired by Marcelo Vázquez-Bermúdez. The Working Group had before it the draft commentaries prepared by the Special Rapporteur, who was no longer a member of the Commission, on draft principles 4, 6 to 8, and 14 to 18 provisionally adopted by the Drafting Committee at the sixty-eighth session of the Commission and taken note of by the Commission at the same session. The Working Group focused its discussion on considering the way forward. Upon consideration of the oral report the Chair of the Working Group, the Commission decided to appoint Marja Lehto as Special Rapporteur.¹¹

At its seventieth session, in 2018, the Commission adopted draft principles 4, 6 to 8 and 14 to 18, of which it had taken note at the sixty-eighth session.¹² The Commission also had before it the first report of the Special Rapporteur,¹³ which, inter alia, considered the protection of the environment under the law of occupation, protection of the environment in situations of occupation through international human rights law and the role of international environmental law in situations of occupation and included proposals for draft principles 19 to 21. Following its plenary debate, the Commission referred the draft principles to the Drafting Committee. The Commission subsequently took note of draft principles 19 to 21, which had been provisionally adopted by the Drafting Committee.¹⁴

At its seventy-first session, in 2019, the Commission provisionally adopted draft principles 19, 20 and 21, which had been provisionally adopted by the Drafting Committee at the seventieth session.¹⁵ The Commission had before it the second report of the Special Rapporteur,¹⁶ which addressed certain questions related to the protection of the environment in non-international armed conflicts, with a focus on how the international rules and practices concerning natural resources may enhance the protection of the environment during and after such conflicts. The second report also addressed the responsibility and liability of States and non-State actors. Seven draft principles were proposed, all of which were referred to the Drafting Committee. On the basis of the report of the Drafting Committee, the Commission provisionally adopted the entire set of the draft principles on protection of the environment in relation to armed conflicts on first reading. The Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft principles on protection of the environment in relation to armed conflicts, through the Secretary-General, to Governments, international organizations, including from the United Nations and its Environment Programme, and others, including the International Committee of the Red Cross and the Environmental Law Institute, for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December 2020.¹⁷

At its seventy-third session, in 2022, the Commission considered the third report of the Special Rapporteur,¹⁸ as well as comments and observations received from Governments, international organizations and others.¹⁹ In her third report, the Special Rapporteur examined the comments and observations received from Governments, international organizations and others on the draft conclusions, made proposals for consideration on second reading, in the light of the comments and observations, and proposed a draft preamble and a recommendation to the General Assembly. Following its debate on the report, the Commission decided to refer the draft principles, together with the draft preamble, as contained in the Special Rapporteur’s third report, to the Drafting Committee, taking into account the debate in the Commission.²⁰

At the same session, the Commission adopted, on second reading, the draft principles, together with a preamble, on protection of the environment in relation to armed conflicts. The Commission decided, in conformity with article 23 of its statute, to recommend that the General Assembly take note of the draft principles on protection of the environment in relation to armed conflicts in a resolution, annex the principles to the resolution, encourage their widest possible dissemination and commend the draft principles, together with the commentaries thereto, to the attention of States and international organizations and all who may be called upon to deal with the subject.²¹

The final draft consists of a draft preamble and twenty-seven draft principles divided into five parts: Part One: Introduction (principles 1–2); Part Two. Principles of general application (principles 3–11); Part Three. Principles applicable during armed conflict (principles 12–18); Part Four. Principles applicable in situations of occupation (principles 19–21); and Part Five. Principles applicable after armed conflict (principles 22–27).

By resolution 77/104 of 7 December 2022, the General Assembly took note of the principles on protection of the environment in relation to armed conflicts, the text of which was annexed to the resolution, with the commentaries thereto, brought them to the attention of States, international organizations and all who may be called upon to deal with the subject and encouraged their widest possible dissemination.

¹ See Yearbook … 2011, vol. II (Part Two), para. 365.

² See ibid., annex E.

³ See Yearbook … 2013, vol. II (Part Two), para. 131.

⁴ See Yearbook … 2014, vol. II (Part One), document A/CN.4/674.

⁵ See Yearbook … 2014, vol. II (Part Two), paras. 187 and 188.

⁶ See Yearbook … 2015, vol. II (Part One), document A/CN.4/685.

⁷ See Yearbook … 2015, vol. II (Part Two), paras. 132–134.

⁸ Document A/CN.4/700.

⁹ See Yearbook … 2016, vol. II (Part Two), paras. 141 and 142.

¹⁰ See ibid., paras. 143–146 and 188–189.

¹¹ See Yearbook … 2017, vol. II (Part Two), paras. 255–262.

¹² See Yearbook … 2018, vol. II (Part Two), para. 168.