Humanitarian Law, Protection of the Environment, and Human Rights

By Neil A.F. Popvic

This comment proposes that increased accessibility of pertinent procedures, including human rights procedures, could provide useful mechanisms for addressing the environmental impact of armed conflict. The author discusses the nature and extent of environmental problems associated with armed conflict and the relevant legal principles for relieving the environmental impact of war, as well as the limitations of these principles.

Popvic presents several proposals for enhancing environmental protection in armed conflict such as creating a public forum in which violators of human rights would be called to answer for their conduct under the review of the U.N. Commission on Human Rights. The author concludes that it is necessary to expand the traditional scope of procedural and substantive mechanisms in order to ensure effective dealing with the environmental impact of war and the availability of remedies for the affected people.