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Introduction
In addition to causing intense human suffering and destruction of infrastructures, armed conflicts may also lead to the degradation of the natural environment,1 which has been characterized as the “silent victim” of such situations.2 The adverse impact of armed conflicts on the environment became a serious concern with the Vietnam War. This conflict raised awareness due to the use of napalm and a herbicide known as Agent Orange, resulting in large-scale environmental damage.3
Nowadays, the majority of armed conflicts are of a non-international nature.4 Under international humanitarian law (IHL), non-international armed conflicts (NIACs) are defined as
protracted armed confrontations occurring between governmental armed forces and the forces of one or more armed groups, or between such groups, arising on the territory of a State [party to the Geneva Conventions]. The armed confrontation must reach a minimum level of intensity and the parties involved in the conflict must show a minimum of organization.5
As belligerent parties to NIACs,6 non-State armed groups (NSAGs) may contribute to the “degradation, or even destruction, of parts of the natural environment, including animals, vegetation, soil, water systems and entire ecosystems”.7 In addition, serious humanitarian consequences can result from environmental damage, as it further increases the vulnerability of civilian populations already affected by NIACs.8 It is therefore essential to engage NSAGs in order to protect the environment and the conflict-affected communities dependent upon it. To this end, this article starts by exploring, in turn, the actual practice and doctrine of NSAGs in relation to the natural environment.
Building on the perspective of NSAGs, the following sections discuss the legal and policy framework for engaging them on the protection of the natural environment. The legal framework consists of the applicable IHL rules protecting the natural environment. Under the law of international responsibility, an NSAG is responsible for violating these rules, although the consequences of such violations remain unclear.9 At the least, an insurrectional movement that becomes the new government of a State is responsible for any violation of its international obligations attributed to it during the insurrection period.10 The article then highlights that NSAGs are increasingly seen as having certain non-binding responsibilities in addition to their legal obligations. Considering the...