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War causes scars not only on people but also on the planet. Chemically contaminated rivers, forests reduced to ash, and wildlife driven from their homes are the silent victims that are rarely acknowledged in peace discussions. On 6 November 2025, the world commemorates the International Day for Preventing the Exploitation of the Environment in battle and Armed Conflict, a plea to recognise that conserving the environment is a universal responsibility, even in the midst of battle.
This article will look at how international law treats environmental degradation during conflicts, as well as whether governments may be held legally liable for their environmental crimes.
War devastates ecosystems for generations. Bombing industrial locations pollutes the air and water. Landmines and explosive munitions render fertile fields useless. Chemicals such as napalm and pesticides have poisoned the land for decades. Habitat destruction eliminates entire species.
Unlike human casualties, environmental damage persists – invisible but ubiquitous. Long after conflicts have ended, populations continue to suffer from contaminated groundwater, deforestation, and radiation caused by attacks on energy infrastructure. The environment, unable to speak for itself, suffers without recourse.
The international community has long recognised the need of protecting nature, even in the midst of conflict. Several crucial instruments seek to do so, but their effectiveness is limited.
Protocol I’s articles 35(3) and 55 ban warfare that causes “widespread, long-term, and severe damage to the natural environment.” These rules establish environmental conservation as a legal duty under international humanitarian law (IHL), yet infractions are rarely enforced.
Article 8(2)(b)(iv) defines intentional assaults that cause excessive environmental devastation as a war crime. However, the high standard for showing “widespread, long-term, and severe” harm has hampered effective enforcement.
Resolution 47/37 (1992) of the United Nations General Assembly called for environmental preservation during armed conflict, while Resolution 56/4 (2001) established the International Day for Preventing Environmental Exploitation in War and Armed Conflict. UNEP now undertakes post-conflict environmental evaluations and restoration efforts to promote long-term peace and recovery.
Ecocide—defined as criminal or wanton acts that cause severe, widespread, or long-term environmental harm—is gaining global acceptance. Although not yet recognised by the Rome Statute, numerous countries have criminalised it locally. Legal experts, environmentalists, and vulnerable states have urged the ICC to include ecocide as a fifth core international crime.
Vietnam War (1961–1971):
The US military used Agent Orange to destroy millions of hectares of forest and cropland. Dioxin pollution continues to plague Vietnam’s ecosystems and people today, serving as a disturbing reminder of the war’s deadly legacy.
The Gulf War, 1991:
Iraqi forces on the retreat set fire to nearly 600 Kuwaiti oil wells, dumping millions of barrels of crude oil into the desert and sea. The environmental and economic consequences were devastating. A UN Compensation Commission later ordered Iraq to pay billions in compensation, marking a rare incidence of environmental accountability.
The Russia-Ukraine Conflict (2022–present):
The war has ravaged forests, rivers, and energy infrastructure. The loss of the Kakhovka Dam, for example, resulted in widespread floods and poisoning. The UN and environmental organisations are currently gathering evidence of probable environmental war crimes.
These stories demonstrate that, despite certain precedents, justice for environmental destruction remains the exception rather than the rule.
Why is it so hard to hold governments accountable? The causes are legal and political.
Sovereignty and State Immunity:
International law frequently protects states from prosecution for wartime activities.
Proof and quantification:
It is difficult to prove that environmental damage was intentional, extensive, and caused by military action.
Weak enforcement:
International courts rarely prioritise environmental disputes, and current regulations lack effective implementation tools.
Post-war priorities:
Reconstruction efforts are centred on infrastructure and human comfort, with little emphasis on environmental restoration.
The upshot is a constant accountability gap, allowing states and armies to harm the environment with impunity.
Despite these hurdles, progress is being made in incorporating environmental conservation within peace and justice frameworks.
Recognition of Ecocide: A growing number of countries, notably Belgium and Vanuatu, have supported moves to include ecocide on the ICC’s list of crimes.
Post-conflict environmental assessments: The UN Environment Programme (UNEP) is now conducting thorough assessments on war-related ecological damage to help guide recovery efforts.
Corporate Accountability: Under developing international rules, arms manufacturers, oil firms, and other private actors in conflict zones may face increased culpability for environmental damage.
Stronger Treaties and Reparations: Advocates propose new accords requiring warring parties to rehabilitate damaged ecosystems as part of peace settlements.
These advances represent a gradual change from considering environmental harm as collateral to recognising it as a crime against both nature and humanity.
When disagreements are resolved, the genuine job of justice begins: the healing of our world. Restoring war-torn lands, seas, and air is not just an environmental, but also a moral and legal obligation, guaranteeing that peace goes beyond human borders to the ecosystems that support life.
According to Adv. Abdul Mulla‘s ideas on www.lifeandlaw.in and www.asmlegalservices.in, true justice incorporates both people and nature. Rebuilding the ecosystem after a war is, in the end, the most sustainable form of peace.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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