Reverberating Effects in Armed Conflict: An Environmental Analysis [Article]

Abstract

Since the 1991 Gulf War there has been considerable discussion regarding the proper scope of collateral damage in the proportionality principle. Most of this discussion has concerned cyber-attacks and the use of explosive weapons in urban areas. Consequently, other areas, like the environment, have largely been left from the discussion. This paper evaluates whether conflict parties are legally obliged to consider environmental reverberations in their proportionality assessment. First, it finds that the proportionality principle still plays a crucial role in protecting the natural environment from collateral damage. Second, it explores arguments for the inclusion of reverberating effects generally and then for environmental reverberations in particular. Third, it critiques these theories and suggests against including environmental reverberations. It finds that the law is unclear how the foreseeability and causation requirements should be applied. This is particularly difficult for environmental reverberations as they are often scientifically uncertain. Including reverberating effects also attributes sole responsibility to the attacking party, even where the victim has control over impacting factors. Reverberating effects further require considerable information and expertise resources, which militaries may not be able to provide.