LEGAL ANALYSIS REGARDING THE POTENTIALITY OF CONSIDERING ENVIRONMENTAL DAMAGE A WAR CRIME

Abstract

Triggered by the open letter from 24 scientists which calls on governments to draft a fifth
Geneva Convention related toward more explicit protection of the environment during an armed
conflict between engaged states, this paper tends to analyze the legal potentiality of
environmental damages being properly considered as war crimes. Simultaneously, this
contemporary occurrence has certain influences upon international environmental law by
critically reviewing the existing legislation concerning environmental damage and military
activities, comparing the fundamental elements of both war crimes and crimes against humanity
to determine potential conflicts of international norms, as well as objectively perceiving the legal
benefits that could be obtained by the consideration of drafting newly developed principles,
regulations and guidelines which should also include animals and non-human species to wildlife
affected by war and military operations.