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Environmental Protection in Armed Conflict: Filling the Gaps with Sustainable Development

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Chapter Summary

This chapter examines the legal nexus between conflict-related environmental damage and sustainable development. It begins with a brief explanation of why the protection of the environment during armed conflict within the existing legal framework is inadequate, and explores the possibility of utilising the overarching concept of sustainable development and its relevant substantive principles to fill the gaps of environmental protection provided by IHL. The chapter sketches the impact of armed conflict on sustainable development in practice. It reviews the theoretical concept of sustainable development and the 'sub-principles' that are integral to the overarching concept. The chapter briefly discusses the existing legal framework for environmental protection in armed conflict, and reflects on the principal limitations of the legal status quo. Finally it introduces an argument for integrating the concept of sustainable development and its sub-principles to better protect the environment during times of armed conflict based on the 'Berlin Rules' approach.

Keywords: armed conflict; Berlin Rules approach; conflict-related environmental damage; environmental protection; international humanitarian law (IHL); legal framework; sustainable development



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