The Protection of the Environment in Occupied Territory under International Humanitarian Law, International Human Rights Law and International Environmental Law

The global recognition of the need to protect the environment during armed conflict is now widely acknowledged. International law has established various treaties that address the relationship between military activities and environmental damage during active hostilities, providing protection in such situations. However, the effectiveness of public international law in protecting the environment in situations of occupation remains in question. The adverse effects on the environment in occupied territories impact upon all aspects of life, undermine the enjoyment of human rights, and can lead to biodiversity loss, and disruption of ecosystem services, with long-term consequences for the occupied state. The thesis provides a comprehensive analysis of international humanitarian law, in particular, provisions relating to the law of occupation, international human rights law, and international environmental law, exploring their potential for protecting the environment in such situations. This investigation offers new perspectives on how these laws can provide protection to the environment in times of occupation. The thesis analyses and assesses the legal and practical implications of the law of occupation to protect the environment. It considers provisions under the Hague Regulations 1907 and the Fourth Geneva Convention 1949 to determine how indirect protection can be afforded to the environment in occupied territory. Furthermore, the thesis examines existing human rights approaches to environmental protection during the occupation, particularly assessing whether these rights offer practical benefits to the environment. It is argued that the emerging independent binding right to a healthy environment is of significant importance, justifying its application and recognition alongside other relevant human rights in such situations. The thesis further explores the application of international environmental law in situations of occupation, with a specific focus on environmental treaties, such as the World Heritage Convention and the Biodiversity Convention. It examines how their application along with other environmental treaties can enhance the overall protection of the environment in times of occupation. Ultimately, it is concluded that without careful consideration and application of international humanitarian law, international human rights law, and international environmental law, all combined, the environment in occupied territories will continue to suffer.