The CoESPU Magazine - quarterly no. 4-2022

4-2022 The CoESPU
MAGAZINE
Center of Excellence for Stability Police Units -Sub Iure ad Pacem tuendam Milites paro
The online quarterly Journal of Stability Policing
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THE COESPU COMPOUND MEMORIAL

FOREWORD
Dear CoESPU Magazine Readers,
The last quarter of the year is ending and indeed, it has been
full of exciting activities. Among them, I would like to highlight
the 16th edition of the “Asymmetric Threat” course, the 16th edi-
tion of the “International Military Police” course, the 7th edition of
the “Core Pre Deploying Training Materials for UN Peacekeeping
Operations” course and the 3rd edition of the “FPU Command
Staff” course. Moreover, in October I attended the annual con-
ference of the International Association of Police Chiefs (IACP) in
Dallas (USA) where I gave a presentation on the Strategic Gui-
dance Framework (SGF) for International Policing and the Training
Architecture Programme. Later in the same month, I attended the
UN Police Day in Dhaka (Bangladesh) and the 26th IAPTC Annual

Conference at the Bangladesh Institute of Peace Support Operation Training (BIPSOT) where I
lectured on the challenges posed by the digital transformation to the police components of pe-
ace missions. On this occasion, I passed the Police Chair within the IAPTC executive committee
to LTC Pierpaolo Sinconi, CoESPU Head of Research Office, as decided by the IAPTC General
Assembly Meeting. Finally, CoESPU hosted two special events: the first one was the 2nd edition
of the “Stability Policing Day”, where CoESPU, together with the other two co-hosting entities,
the Eurogendfor Permanent HQ and NATO Stability Policing Center of Excellence, discussed
ways to further cooperation in the areas of research and doctrine development. The second
one was the European Union Police and Civilian Service Training (EUPCST) “Cultural Heritage
Protection (CHP) in crisis areas” seminar, an initiative developed by CoESPU in cooperation
with the Carabinieri Command for the Protection of Cultural Heritage.
In this regard and given the importance of the CHP, you will find in this issue an intere-
sting contribution by Dr. Massimiliano Munzi, archaeologist at the Rome Superintendence for
the Protection of Cultural Heritage entitled “Cultural Heritage and ideological discourse. The
cases of Afghanistan, Syria and Iraq” where he analyses the destructions perpetrated by the
Islamic State in Palmyra, Hatra, Mosul and Nimrud.
On a different note, Joanna Lauritsen, Environmental Coordinator at the Coordination
and Horizontal Affairs, European External Action Service (EEAS), offers an overview of some
of the EU policy documents that identify climate change and other forms of environmental
degradation as a security concern, highlighting how the EU aims to mainstream these aspects
into internal and external mission activities.
LTC Marina Bizzotto, Italian Carabinieri, CoESPU Police for Environmental, Forestry and
Agricultural Protection Chair, and Dr. Antimo Altomare, SIOI, Rome, present a contribution on
“Impacts of conflicts on the environment and natural resources undermining peace process”
where they examine the environmental impacts of armed conflicts on ecosystems and natural
habitats.
Dr. Lorenzo Marchionni, a CoESPU intern from the University “Roma Tre”, offers a
comprehensive analysis of the International Law Commission (ILC) Draft principles and the
International Committee of the Red Cross (ICRC) Guidelines while focusing on the crucial
role of those two documents as tools for improving environmental protection in armed confli-
cts.
Dear Readers, I hope you will enjoy this last issue of 2022 and that the New Year will
be special, amazing, and happy for you all. Happy 2023!

BG Giovanni Pietro BARBANO
CoESPU Director

EDITORIAL TEAM

MAGAZINE EDITOR IN CHIEF:

BG. Giovanni Pietro Barbano

MANAGING EDITOR:

Maj. Lucio De Angelis

DRAFTING, COMPOSITION, GRAPHICS AND EDITING:

Maj. Lucio De Angelis
CWO Massimiliano Dimichele
Mr. Denis Rizzotti

IMAGES AND ARTWORK SOURCES:

United Nations,
CoESPU Magazine Team

Cover picture by Mr. Denis Rizzotti
Other authors are indicated in single captions

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Prof. Andrea DE GUTTRY Prof. Paolo FORADORI
Dr. Michael DZIEDZIC (Col. ret) Prof. Gian Luca FORESTI
Dr. Karen J. FINKEBINDER Capt. Laris GAISER
Prof. Oreste FOPPIANI
Dr. Nadia GERSPACHER Prof. Marco LOMBARDI
Prof. Edoardo GREPPI Prof. Sara PENNICINO
Dr. David LIGHTBURN Lt. Col. Pierpaolo SINCONI
Col. Michele LIPPIELLO
Prof. Paolo MAGRI Lt. Col. Federico VECCI
Prof. Andrea MARGELLETTI
Prof. Emanuele Vittorio PARSI
Prof. Karla PINHEL RIBEIRO
Prof. Bernardo SALA
Amb. Dmitry TITOV
Prof. Gabriella VENTURINI

The CoESPU Magazine is devoted to the publication of professional concepts and issues, research
and doctrinal products developed by the Carabinieri Center of Excellence for Stability Police Units, in
collaboration with other international research Centers. The Magazine addresses topics of professio-
nal, technical, operational and juridical nature in the field of Stability Policing within Peace Opera-
tions. Based on the core values of ethics, integrity, professionalism and respect for diversity, harmo-
nically inflected and informed by the traditions of over two hundred years of Carabinieri history, the
Magazine fosters Human Rights and gender mainstreaming, while seeking to enhance current police
peacekeeping doctrine and promoting international police peacekeeping interoperability, cognizant
of Lessons Learned and best practises. The CoESPU Magazine is constantly committed to upholding
UN standards, norms, procedures and curricula, while endorsing self-sufficiency of the participating
Police Contributing Countries. Consequently, its editorial policy promotes the principles of represen-
tativeness, responsiveness, and accountability, as well as effectiveness, efficiency, transparency, and
accessibility, to provide the highest professional standards to build trust and legitimacy of beneficiary
Law Enforcement Institutions.

DISCLAIMER: The views expressed in this journal belong to single authors and do not ne-

cessarily reflect the official policy or position of the CoESPU, the UN, The Italian Government, the
Carabinieri or other nominated Institutions. Content is copyrighted where expressly indicated,
but Material belongs to authors themselves. The Center of Excellence for Stabilities Police Units
retains full and exclusive ownership over other magazine contents and original images. Repro-
duction of any part of this magazine without express written permission is strictly prohibited.

TABLE OF CONTENTS

CULTURAL HERITAGE PROTECTION

CHP IN ARMED CONFLICTS............................................................................................................. 8
CH AND IDEOLOGICAL DISCOURSE. THE CASES OF AFGHANISTAN, SYRIA AND IRAQ...................14

ENVIRONMENTAL PROTECTION

THE PROTECTION OF MARINE ENVIRONMENT................................................................................ 20
ENVIRONMENTAL CONSIDERATIONS INTO CIVILIAN CSDP MISSIONS............................................ 42

INTERNSHIP RESEARCH RESULTS

IRINI AND INTELLIGENCE SHARING OPPORTUNITIES......................................................................48

ALUMNI

DEPUTY DIRECTOR’S CORNER......................................................................................................... 63
CHP: A SHARIA COMPLIANT APPROACH......................................................................................... 64

EVENTS

FPU COMMAND STAFF COURSE REVIEW..........................................................................................7. 4

COESPU TRAINING 82

AROUND THE WORLD 84

COESPU ONSITE VISITS 92

NEWS 94

“The CoESPU Magazine – the on line Quarterly Journal of Stability Policing” is a stand-alone on line publication.

Printed copies are intended for internal use and shall not be distributed.

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-CULTURAL HERITAGE PROTECTION
-E NVIRONMENTAL PROTECTION



CULTURAL HERITAGE PROTECTION

CHP IN ARMED CONFLICTS

The importance of Cultural Heri- of World War two, there has been In addition to the incredibly high
tage Protection in Armed Confli- an increase of attacks directed numbers of human fatalities, the
cts towards cultural sites during times country’s landscape has also been
of armed conflict. The world is wi- devastated. UNESCO confirmed
by Margherita Corti tnessing atrocities committed in that ISIS has partially damaged or
many regions. Even if wars occur in destroyed all of Syria’s UNESCO
“…any damage to cultural proper- different countries for distinct rea- World Heritage Sites, in an attempt
ty, irrespective of the people it be- sons, the results of armed conflicts to erase any trace of civilisations
longs to, is a damage to the cultu- are often similar for communities. that do not align with their ideo-
ral heritage of all humanity, since While headlines generally focus on logy.1 Examples of sites destroyed
each people contributes to the wor- the suffering caused to people, the by the Islamic State include the
ld’s culture…” (UNESCO, 1954) loss of cultural heritage is an aspect metropolis of Palmyra and Apa-
frequently forgotten. Nonetheless, mea and its cultural monuments,
Introduction the deliberate destruction of a par- the Iraqi cities of Nineveh, Hatra
Throughout human history, armed ty’s cultural heritage is becoming and Nimrud, the Mosul Museum
conflicts have undoubtedly left an an increasingly used tactic in ar- and Libraries and the Al-Haddadin
indelible mark on the lives of indi- med conflicts. According to UNE- Mosque in Syria. Although it com-
viduals. In addition to the humani- SCO, since the beginning of the monly occurs as an accidental col-
tarian costs, they also represent a Russian aggression in February lateral damage of a military strike,
serious threat to the integrity of a 2022, 204 cultural monuments it has recently been used as a
certain territory if their cultural le- in Ukraine have been partially or tactic to purposely destroy the op-
gacy is affected. Unfortunately, this completely destroyed by Russian ponent’s cultural heritage. In addi-
often happens with the destruction attacks. Similarly, ISIS extremists tion, increasing evidence suggests
of cultural property. Since the end have wreaked severe damage to that looting is being used as a me-
archaeological sites of global im- ans of funding military activities.
portance in Iraq and Syria since Historical cultural properties are
the start of the country’s civil war. especially valuable to archaeolo-

8

gists, historians and researchers cedented destruction of historical gacy to the region. This surge in
as they serve as a form of proof cultural property, both tangible property annihilation served as a
of previous human activity. No- and intangible. The destruction of global reminder of the necessity
netheless, they are also significant monuments, religious sites, mu- to prevent permanent destruction
because they embody the identity seums, libraries or archives are of cultural resources. The extensi-
and history of certain communi- examples of tangible losses; whi- ve damage also exposed the ina-
ties. Unfortunately, these are oc- le intangible, on the other hand, dequacies of the legal framework
casionally destroyed, either ac- commonly refers to “the practices, governing its protection, namely
cidentally or purposefully during representations and knowledge the 1899 and 1907 Hague Con-
an armed conflict. In the objective that communities recognize as part ventions.3 The Hague Conven-
of protecting cultural protection of their cultural heritage, together tions were the first international
from destruction, the international with the instruments, artefacts and treaties addressing military beha-
community adopted various in- cultural spaces associated therewi- viour, and they functioned as an
struments, most notably The 1954 th”.2 Both sorts of damage can early attempt to establish norms
Convention for the Protection of have disastrous consequences for intended to protect cultural heri-
Cultural Property in the Event of current and future generations, tage during periods of war. They
Armed Conflict (most known as as it might endanger the roots of were based on the Francis Lieber
The Hague Convention). This ar- a community and weaken its le- Instructions for the Government of
ticle will explore the various me- Armies of the United States in the
asures proposed by the interna- Field (commonly known as the Lie-
tional community to prevent the ber Code). Signed in 1863 by USA
damage of cultural property du- President Abraham Lincoln during
ring wartime. By using modern the American Civil War, the Code
examples, it will evaluate the ex- represented the first attempt to ar-
tent to which the current legal ticulate a complete set of principles
framework is actually protecting guiding the conduct of combatants
the cultural heritage of the world. in enemy territory and it is the first
one to mention the safeguarding
Legal framework of valuable historical and cultural
The importance of protecting cul- properties. Given the new focus on
tural property during armed con- the internationally recognized im-
flicts has only gained importance portance of cultural property pre-
during the last two centuries. The servation, UNESCO established
two World Wars resulted in unpre- The Convention for the Protection

9

CULTURAL HERITAGE PROTECTION

of Cultural Property in the Event of protection of cultural heritage. demolition of eight mosques and
of Armed Conflict in 1954, now The International Criminal Court two catholic churches in Bosnia.6
popularly known as The Hague also refers directly to the Conven- Other NGO actively participate in
Convention.4 Adopted on 14 May tion and prosecutes perpetrators the protection of cultural heritage
1954, the treaty explicitly bans for war crimes in cases that include and share the sense of importance
the destruction of cultural proper- the damage of cultural property. of preventing such losses. The Blue
ty, except when military necessity For instance, in 2012, Ahmad Al Shield, for instance, is a non-profit,
requires otherwise. The Conven- Faqi Al Mahd, an accused member international organisation, often
tion also offers the definition of of an Al Qaeda affiliated organi- referred to as the cultural counter-
the term “cultural property”, whi- sation, was sentenced to 9 years part of the Red Cross and aims to
ch, according to Article 1, refers to in prison for his involvement in the conserve cultural assets worldwide.
“movable or immovable property crime of intentionally ordering at- Among their numerous accompli-
of great importance to the cultural tacks against religious and historic shments and initiatives, paired with
heritage of every people [...], irre- buildings in Timbuktu, Mali.5 Pri- UNESCO Denmark, they recently
spective of its origin, ownership or or to that, in 2001, the UN Inter- developed “Backup Ukraine”7, a
status of registration in the natio- national Criminal Tribunal for the scanning app that generates de-
nal inventory” (UNESCO, 1954). Former Yugoslavia found genoci- tailed 3D models of cultural mo-
This refers to any artistic, historical, daire Milomir Stakic responsible numents in Ukraine with the aim of
or architectural monuments, sites, for crimes against humanity com- preserving them in the event they
works of art, manuscripts, books, mitted during the Bosnian War, are destroyed. In this way, even or-
and other objects of interest. The as well as his participation in the dinary citizens may contribute to
treaty advises governments to im-
plement protection measures for
cultural property during peace-
time, that all State Parties must
adhere to in case of war. It also
mandates states to impose crimi-
nal punishment for breaches of the
Convention. The Convention was
immediately amended by a First
Protocol, that prohibits the export
of movable cultural property from
an occupied territory. The Hague
Convention represents a turning
point in international law of cultu-
ral protection, as it expressed nu-
merous important principles. First,
it highlighted the need for and im-
portance of cultural conservation
and emphasised the international
nature of the interest in cultural
property (“the cultural heritage of
all mankind”). Secondly, it intro-
duced the notion of individual re-
sponsibility, thus making individual
offenders accountable for their
actions and punishable by law.
The 1954 Convention is the centre-
piece of humanitarian law in terms

10

the preservation and protection of presenting Bosnia’s cultural diver- stroyed. Much progress has been

cultural heritage simply by using sity were targeted. This has been made in prosecuting the perpetra-

their smartphones. Italy is also a labelled as an example of “cultu- tors of such atrocities, but additio-

country that also places a great ral genocide”. The attacks, as re- nal efforts are needed to guaran-

importance on its ancient origins. vealed, were never an unintended tee that significant cultural sites are

This admiration has resulted in the consequence of military action, but not destroyed. This awareness of

establishment of the world’s fo- were always pre-meditated and in- the ineffectiveness of the law pro-

remost police force dedicated to tentional, as the ultimate purpose tecting cultural heritage became

the arts, heritage, and archaeo- was to entirely eradicate the legi- obvious and led to a revision of the

logy: the Carabinieri 1954 Hague

Headquarters for the Convention.
Protection of Cultural “SINCE THE END OF WORLD WAR TWO, THERE A Second
Heritage (TPC. Co- Protocol was
mando Carabinieri HAS BEEN AN INCREASE OF ATTACKS DIRECTED revised in
Tutela Patrimonio Cul- TOWARDS CULTURAL SITES DURING TIMES OF AR- 1999,
turale).8 Founded in whi-
MED CONFLICT. THE WORLD IS WITNESSING ATRO- ch included
1969, the department CITIES COMMITTED IN MANY REGIONS.” important
advances
promotes internatio-

nal police cooperation addressing

through Interpol and UNESCO timacy and identity of Muslim Bo- the conduct and preservation of

with the goal of preserving cultural snians in the country. The countries property during armed confli-

property and putting an end to the lost incredibly important historical cts. It ultimately stresses on the

criminal trafficking market. So far, buildings, such as the National importance of sanctioning indi-

TPC has recovered and repatria- and University Library of Sarajevo vidual criminal responsibility in

ted thousands of missing artefacts. (Vijećnica) in 1992, the Old Brid- cases of Convention violations.

ge of Mostar in 1993, and in Ko- Despite the positive accomplish-

Need for adjustments sovo 225 of the 607 Islamic sites ments, the UNESCO Conventions

Since its establishment in 1945, were completely or partially de- are still inadequate for sufficiently

UNESCO has engaged deeply in

the protection of cultural property

during armed conflict and has ap-

propriately responded to the thre-

ats with the establishment of the

Convention and its Protocols. Ne-

vertheless, the world is now expe-

riencing another wave of intentio-

nal attacks towards cultural sites

in conflicts. Since the 1990s, for

instance, the international com-

munity has witnessed unpreceden-

ted loss of cultural property as a

result of wars in the Middle East

and Balkans. Between 1991 and

1999, the wars in Kosovo and Bo-

snia and Herzegovina resulted in

the greatest destruction of cultural

heritage since WW2. In an attempt

to create an ethnically homogene-

ous society, several monuments re-

11

CULTURAL HERITAGE PROTECTION

protecting cultural sites in modern wars. Nowadays, the new actors rather than inter-states affairs. Un-
conflicts. The need for an adjust- in conflicts are no longer nations, derstanding the motivations under-
ment is mostly due to the evolu- rather they are loose groups of in- lying the deliberate destruction of
tion of the nature of warfare. In dividuals fighting for different ide- cultural resources is critical for de-
modern conflicts the instruments, ologies. Conflicts in Iraq, Syria, the veloping measures to prevent and
methods, profiles, and objectives former Yugoslavia, and Palestine anticipate such crimes. Despite the
of perpetrators are radically diffe- are evidence of how wars are in- widespread indignation over the
rent from traditional state-to-state creasingly becoming intra-state, damage of cultural heritage, the-
re has been little research on the
causes and motivations of the of-
fenders. Modern conflicts are often
identity-based, and they take place
in weak, underdeveloped countries
where the state is unable to con-
trol violence and hence criminals
are rarely effectively punished for
their acts. Certain historical sites or
buildings are targeted, and its de-
struction becomes the aim in itself.
For example, religious buildings
may be targeted if religious belief
or cultural identity are among the
contested issues in the conflict. In
modern conflicts, fighting groups
may seek to destroy the symbolic
legacy of the opposing side in or-
der to destroy their own identity.

12

The systematic destruction of cul- ways in times of war. It can be note
tural sites in Palmyra, Syria, is a unintentional, if the property has
clear example of how an opposing been neglected or left due to a war 1. 1 UNESCO, 2017 (https://whc.une-
group attempts to erase important emergency or could be destroyed sco.org/en/list/23/)
symbols embodying Syrian cultu- as collateral damage of a military 2 UNESCO, Convention for the Safeguarding
re, in order to deprive a certain attack. Unfortunately, the damage of the Intangible Cultural Heritage, 2003
community of their identity and can also be intentional. In conflicts, 3 International Committee of the Red Cross,
history. During her speech at the cultural heritage loss can be cata- Convention (II) with Respect to the Laws and
Europe Lecture 2016, UNESCO strophic. As Søren la Cour Jensen, Customs of War on Land and its annex (https://
Director-General Irina Bokovsa Chair of Blue Shield Denmark ad- ihl-databases.icrc.org/ihl/INTRO/150?Open-
denounced the destruction of histo- ded: “Destroying a country’s cul- Document) and Convention (IV) respecting
rical treasures in the Middle East as tural heritage is the fastest way to the Laws and Customs of War on Land (ht-
“war crimes” and called for the of- undermine its national identity. [...] tps://ihl-databases.icrc.org/applic/ihl/ihl.
fenders’ punishment and respon- And saving a country’s cultural nsf/385ec082b509e76c41256739003e636d/
sibility for their actions: “The de- heritage is the best path to recon- 1d1726425f6955aec125641e0038bfd6)
struction of heritage is inseparable struction and revival of society.” 11 4 UNESCO, Convention for the Protection of
from the persecution of people. The destruction might be used to in- Cultural Property in the Event of Armed Con-
This is why we consider the pro- timidate opponents by eliminating flict, The Hague, 14 May 1954 (https://en.u-
tection of cultural heritage today their identity, memory, and ties to nesco.org/sites/default/files/1954_Conven-
as far more than a cultural issue.9 the region. The international com- tion_EN_2020.pdf)
This has become a humanitarian munity made a variety of initiatives 5 International Criminal Court, 2012. The Pro-
imperative, and a security issue”. to combat such actions. The 1954 secutor v. Ahmad Al Faqi Al Mahdi(https://
Many researchers proposed that Hague Convention is the most www.icc-cpi.int/mali/al-mahdi)
the intentional destruction of cer- widely recognized comprehensi- 6 United Nations International Criminal Tri-
tain cultural monuments is a preva- ve international law framework in bunal for the former Yugoslavia. Judgement
lent strategy used in ethnic clean- existence to protect cultural pro- in the Case the Prosecutor v. Dr. Milomir
sing, genocides, or identity-bound perty during armed conflict. Signi- Stakic (https://www.icty.org/en/press/judge-
conflicts. It has been argued that ficant progress has been achieved ment-case-prosecutor-v-dr-milomir-stakic)
groups who have fled their homes in preventing and protecting the 7 Polycam, UNESCO (https://poly.cam/ukrai-
for war are said to be less inclined destruction of historical proper- ne)
to return if their culturally signifi- ty. Nonetheless, a comprehensive 8 Comando Carabinieri Tutela Patrimonio Cul-
cant buildings are destroyed.10 Be- examination of the features of the turale- TPC (https://www.beniculturali.it/cara-
cause cultural property reflects the Convention and its Protocols has binieritpc)
identity of a particular rival faction, revealed that they may be insuffi- 9 https://whc.unesco.org/en/news/1511
its destruction can be used as a cient due to a lack of adjustment 10 Coward, M. 2009. Urbicide: The Politics of
weapon of psychological warfare. to the nature of contemporary con- Urban Destruction. London: Routledge; van
Furthermore, as previously stated, flicts. Modern wars, as proven by der Auwera, S. 2012. “Contemporary Conflict,
the looting or illicit trade of historic recent examples, have new cha- Nationalism, and the Destruction of Cultural
pieces of art can help support ille- racteristics, actors, techniques, and Property During Armed Conflict: A Theoretical
gal economies, as was the case in objectives. The Convention dates Framework.” Journal of Conflict Archaeology
2003 of the Iraq Museum in Bagh- from the period before this revo- 7 (1): 49–65
dad, when the entire collection of lution in warfare and consequently 11 https://theblueshield.org/backup-ukraine-
ancient cylinder seals, along with lacks a contemporary perspective wins-award/
many other historically valuable on the subject. Cultural proper-
objects, was stolen and believed ty protection is a duty under in- Margherita Corti
to be sold on the black market. ternational humanitarian law that Recent Criminology Graduate at City
must be maintained at all costs. University of London
Conclusion
The cultural heritage of communi-
ties can be endangered in various

13

CULTURAL HERITAGE PROTECTION

CH AND IDEOLOGICAL DISCOURSE
THE CASES OF AFGHANISTAN
SYRIA AND IRAQ

Cultural heritage and ideological 1. “My heart wrings also for the and weapons hit the two giants.
discourse. lucid way in which they slaughte- The “Bamiyan massacre” repre-
The cases of Afghanistan, Syria red them” (Oriana Fallaci on the sents the most sensational and
and Iraq destruction of Buddhas of Ba- dramatic expression of what was
miyan) called “Taliban’s Cultural Terro-
by Massimiliano Munzi The cancellation of the signs of the rism”, that is to say the delibe-
past in Syria and Iraq is daughter rate and systematic effacement
In 2015-2016 Syrian and Iraqi of an emulation. On February of the pre-Islamic Afghan hi-
26, 2001, the supreme leader of storical-cultural heritage. Worl-
cultural properties, targeted by the the Taliban, Mullah Mohammed dwide was the resonance of de-
Islamic State (IS), suffered as ne- Omar, decreed the destruction struction, so was its stigmatization.
ver before: the sculptures in the of the monumental Buddhas car- At Bamiyan not only the Buddhist
museum of Mosul were smashed, ved into the rocky cliff along the religion was targeted. In the eyes
the archaeological sites of Nimrud fertile valley of Bamiyan, dating of the Taliban, the two monumen-
and Hatra were severely dama- back to the 6th-7th century AD. tal statues, simulacra of “false divi-
ged, the temples of Baal and Ba- In execution of the edict, from 1 nities” locally no longer venerated,
alshamin as well as the arch on March 2001 explosive charges had acquired a new, different and
the colonnaded street in Palmyra
were blown up. Stigmatized by “SUMERIANS, ASSYRIANS, BABYLONIANS AND, LESS
the international cultural heritage FREQUENTLY, HATRANS PARTICIPATE IN THE NATIO-
agencies and international press NAL PANTHEON, TOGETHER WITH THE ABBASID
as “acts of barbarism” and “me- CALIPHS, WHO MADE BAGHDAD THE CAPITAL OF
dieval nihilism”, these destructions THE ARAB-ISLAMIC WORLD, AND SALADIN, BORN IN
aimed at the disintegration of the TIKRIT LIKE SADDAM HUSSEIN.”
Syrian and Iraqi national identities.

14

Fig. 1. Syria, 500 pounds, 1992: artifacts from Ugarit, among them the head of a young man (a god?) in ivory from the Royal Palace (National Museum of
Damascus) and the gold bowl decorated with hunting/animal scenes from nearby the Temple of Baal (National Museum of Aleppo) (author’s archive).

perhaps even more dangerous sa- at the time the Taliban’s regime, Islamic State is Syria and Iraq

credness, that accredited by the that following this act was exclu- marks a leap in quality. It is part

international community. The sa- ded from the category of the civil of a more general strategy of ag-

cralization of the cultural herita- world. On the other hand, in par- gression of the neo-Caliphal uni-

ge, conceived as specific Western tial compensation of the previous versalistic ideology against the

and considered as an idolatry by impotence and inactivity, in 2003 secular Arab nations born from

the Taliban, could be seen as the UNESCO inscribed the Bamiyan decolonization. History and ar-

main target. Oriana Fallaci in valley in the World Heritage List. chaeology are indeed among the

The Rage and the Pride expressed Compared to that of the Taliban, most powerful foundation ele-

exactly how this sacred concep- the archicidium practiced by the ments of the national identities of

tion of the artistic culture

widespread in the We-

stern world was the real

goal: “My heart wrings

because for works of

art I have the same ve-

neration that Moslems

have for the tomb of

the Prophet and his Ko-

ran. To me a work of art

is as sacred as Mecca

is sacred for them [...].

My heart wrings also for

the lucid way in which

they slaughtered them”.

Certainly “Bamiyan

massacre” greatly con- Fig. 2. Syria, 100 pounds, 1990: ruins of Palmyra and queen Zenobia’bust (author’s archive).

tributed to delegitimizing

15

CULTURAL HERITAGE PROTECTION

with being the first to open the em-

pire to Christianity, the caravan city

of Palmyra and its queen Zenobia

(Fig. 2), who rises to the status of

national heroin. Crucial are also

other figures of Syrian or Syriani-

zed emperors, such as Septimius

Severus, a native of Leptis Magna

but husband of the Syrian Julia

Domna, daughter of the powerful

high priest of the god Elagabal of

Emesa (today Homs); their eldest

son Caracalla, who becomes the

example of the enlightened prince

for having granted Roman citizen-

Fig. 3. Syria, 200 pounds, 1997: Umayyad dirham and equestrian statue of Saladine in Damascus. ship to all the free subjects of the

the post-colonial Arab countries. gionalized, diluted and contex- empire. National pride is also the
The demolition of such historical tualized, the glorious pre-Islamic brilliant architect of Trajan, Apol-
foundations of Syrian and Iraqi past was assumed among the lodorus of Damascus, who in the
national constructions is functio- identity foundations of the nation. Syrian interpretation would have
nal to the affirmation of an alter- The national historical-symbolic inspired generations of architects.
native supra-national vocation. pantheon includes the city-states To the ancient glories are added
of the Bronze Age (Mari, Uga- the medieval and modern ones,
2. “It is hoped that Palmyra will rit and Ebla, Fig. 1) as well as the which underline the leading role
soon become a tourist center” provincial Romanitas, represented played by Syria in the Arab wor-
(Bounni and al-As’ad 1988) mainly by Bosra, the northern ca- ld: among them stand out the
The national Arabism, born during pital of the Nabataean kingdom Umayyad mosque in Damascus,
the French mandate period, deve- and later of the Roman province the Ayyubbid citadel of Aleppo and
loped in republican Syria since the of Syria, the Roman emperor Philip the norias of Hama on the Oron-
seizure of power by the Baath par- the Arab, born in Shabha renamed tes. The picture is completed by the
ty in 1963. Finally the Baathist re- by him Philippopolis and credited exaltation of the Syrianized Saladin
gime of Hafez al-Assad gave (Fig. 3), with whom Hafez al-Asad

the phenomenon a qualitati-

ve leap, stressing the re-eva-

luation of ancient and Islamic

history. The enhancement of

sites and monuments brou-

ght to light by archaeological

research contributed to this

re-evaluation (Valter 2002).

Even before being an in-

strument of legitimizing the

regime through processes

of symbolic manipulation,

ancient and medieval hi-

story was crucial to re-cre-

ate a specific Syrian iden-

tity. While the participation Fig. 4. Irak, 1 dinar, 1959: solar symbol of Shamash and octagonal star of Ishtar (author’s archive).
to the Islamic world was re-

16

ostentatiously identified himself.

3. “Babylon is inherent in us and Fig. 5. Irak, 10 fils, 1982: Ishtar Gate in Babylon (Pergamon Museum in Berlin ; author’s archive).
Assyria is ours” (The land of the
two rivers, Iraqi national anthem, world, and Saladin, born in Tikrit bolic system of reference. Sad-
1981) like Saddam Hussein. The latter, dam acted also as the new Sa-
The Iraqi state also resorted to hi- in public, loved to pose as a new ladin and as such he was called
storical discourse to establish its Nebuchadnezzar. In the same way (Saladin II) in the children’s bo-
own national specificity. General as the Assyrian kings, the rais had oklet entitled The Hero Saladin.
‘Abd al-Karīm Qāsim, who with a signed the tiles of his own palaces.
military revolution overthrew the An Italian archaeologist (Bergami- 4. Return to the Caliphate: the
Hashemite monarchy and brou- ni 2003), at the time on a mission coinage of IS
ght the Baath party to power in to Iraq, recalled how in the second In turn, the same IS has resor-
1958, made ancient Mesopota- half of the 1980s in Babylon “al- ted to history to self-assert itself,
mia the foundation of Iraqi natio- most at every crossroads we saw but its historical construction is
nalism. Born in the circles of cul- enormous blow-ups of Saddam completely antagonistic to the
ture already at the time of King in military uniform or Babylonian Syrian and Iraqi national ones.
Feisal II, the Mesopotamian iden- dress, who received the investitu- Central is the caliphal theme: the
tity was made its own by the Sta- re by Nebuchadnezzar himself”. discourse of the re-foundation of
te: the solar symbol of Shamash But victorious medieval Islam also the Sunni caliphate, that of the first
and the octagonal star of Ishtar played a leading role in the sym- centuries of Islam, which saw the
were adopted as new national
emblems and as such appeared Fig. 6. Irak, 250 fils, 1982: Hammurabi and God Shamash (Hammurabi Stele, Louvre Museum;
immediately on coins, banknotes author’s archive).
and stamps (Fig. 4), while General
Qāsim could be identified with the
Mesopotamian god of spring Tam-
muz-Damuzi (Baram 1991, 1994).
The Mesopotamian roots were re-
sumed in the second Baathist pe-
riod, started in 1968 under the
leadership of General Ahmad Ha-
san al-Bakr assisted then repla-
ced by Saddam Hussein. This time
ancient Mesopotamia (Figg. 5-6)
was called to dilute pan-Arabism
in favor of a deliberate Iraqi spe-
cificity and at the same time to af-
firm the secularism of the regime,
constrained by the need for balan-
cing between the Sunni and Shii-
te factions and for the recognition
of relevance of the Kurdish eth-
nic group in the northern regions.
Therefore Sumerians, Assyrians,
Babylonians and, less frequently,
Hatrans partecipate in the natio-
nal pantheon, together with the
Abbasid caliphs, who made Bagh-
dad the capital of the Arab-Islamic

17

CULTURAL HERITAGE PROTECTION

Fig. 7. ISIS, 2 darāhim, 2016: al-Aqsa mosque and epigraphic type idolatry, that of cultural heritage.
The particular fury against Pal-
Four Caliphs, and the Umayyads and the wasting the fortunes of myra provides the measure of
and the Abbassids dynasties. Raq- the Ummah [the Islamic commu- the enormous symbolic force
qa, the first major city to fall into nity], making it easy prey in the that emanates from the ancient
the hands of the “Syrian rebel for- hands of the Jews and Crusaders”. caravan city, inscribed in UNE-
ces”, which became the capital of The goal was to reintroduce a SCO World Heritage List from
IS, was the de facto capital of the gold-standard currency in order to 1980: Palmira is the glory and
caliphate at the time of the Ab- emancipate the Muslim communi- pride of modern Syria, is Rome
bassid Hārūn al-Rašhīd (786-809). ty from the “satanic system” repre- and Levant together. But there
Furthermore, the new calipha- sented by Western financial neoca- is more: her warrior queen Sep-
te could not fail to have its own pitalism. A sort of “sacred money” timia Bathzabbai Zenobia, re-
currency, coins being one of as it was in the Sunnah, endowed membered by Edward Gibbon
the most powerful affirmations with intrinsic value and therefore (1776) as “the most lovely as
of the state entity. Here the hi- immune from arbitrary manipula- well as the most heroic of her
storical discourse is operating tions and devaluations, opposed sex”, in the colossal statue Ze-
again, in the desire to reintrodu- to Western fiduciary and secular nobia in Chains by the Ameri-
ce into circulation currency inspi- money. According to a principle can Harriet Hosmer (ca. 1859,
red to the first centuries of Islam. opposite to Gresham’s law, good Fig. 8) becomes a proto-feminist
Indeed, on November 13, 2014, metallic money would have driven icon of women’s emancipation.
the Bayt al-mal (Treasury Depart- out bad, fiduciary paper money,
ment of IS) announced the for- revealing its fraudulent nature. PICTURES:
thcoming minting of coins, whose The military failure of IS determined Fig. 1. Syria, 500 pounds, 1992: artifacts from
names and characteristics were that of its monetary experiment. Ugarit, among them the head of a young
modelled on the coinage of the man (a god?) in ivory from the Royal Palace
early Islamic period. The monetary 5. Concluding remarks (National Museum of Damascus) and the gold
system would have been based on With the destructions carried out in bowl decorated with hunting/animal scenes
the gold dinar and its fractions, Palmyra, Hatra, Mosul and Nimrud, from nearby the Temple of Baal (National
the silver dirham (Fig. 7) and the the Syrian and Iraqi historical foun- Museum of Aleppo) (author’s archive).
copper fals, just as in the 1st cen- dations were attacked. Monuments Fig. 2. Syria, 100 pounds, 1990: ruins of
tury of Hijra / 7th century AD. The from the pre-Islamic age, that of Palmyra and queen Zenobia’bust (author’s
new dinar would have freed from idolatry according IS, have beco- archive).
the “tyrannical monetary system me targets to hit as national iden- Fig. 3. Syria, 200 pounds, 1997: Umayyad
that was imposed on the Muslims tity symbols and, at the same time, dirham and equestrian statue of Saladine in
and was a reason for their en- sacred icons for the international Damascus.
slavement and impoverishment, community, guilty of a new form of Fig. 4. Irak, 1 dinar, 1959: solar symbol of
Shamash and octagonal star of Ishtar (au-
thor’s archive).
Fig. 5. Irak, 10 fils, 1982: Ishtar Gate in
Babylon (Pergamon Museum in Berlin ; au-
thor’s archive).
Fig. 6. Irak, 250 fils, 1982: Hammurabi and
God Shamash (Hammurabi Stele, Louvre
Museum; author’s archive).
Fig. 7. ISIS, 2 darāhim, 2016: al-Aqsa mosque
and epigraphic type
Fig. 8. Harriet Goodhue Hosmer, Zenobia in
Chains, ca. 1859, (Saint Louis Art Museum,
Missouri, USA, object n. 19:2008; foto: Public
Domain, https://it.wikipedia.org/wiki/File:Ze-
nobia_SLAM_4067.jpg ).

18

References
Baram 1991: A. Baram, Culture, History and
Ideology in the Formation of Ba’thist Iraq,
1968-89, New York 1991.
Baram 1994: A. Baram, A case of Imported
Identity: The Modernizing Secular Ruling Elites
of Iraq and the Concept of Mesopotamiam-In-
spierd Territorial Nationalism, 1922-1992, in
Poetics Today, 15.2, 1994, pp. 279-319.
Bergamini 2003: G. Bergamini, I datteri di Ba-
bilonia. L’Irak da Hammurapi a Saddam nel
racconto di un archeologo, Milano 2003.
Bounni and al-As’ad 1988: A. Bounni, K. al-
As’ad, Palmyra. History, monuments and mu-
seum, Damascus 1988.
Fallaci 2001: O. Fallaci, La rabbia e l’orgoglio,
Milano 2001 (The Rage and the Pride, New
York 2002).
Gibbon 1776: E. Gibbon, The history of the
decline and fall of the Roman Empire, I, Lon-
don 1776.
Valter 2002: S. Valter, La construction nationa-
le syrienne. Légitimation de la nature commu-
nautaire du pouvoir par le discours historique,
Paris 2002.

Fig. 8. Harriet Goodhue Hosmer, Zenobia in Chains, ca. 1859, (Saint Louis Art Museum, Mis- Massimiliano Munzi
souri, USA, object n. 19:2008; foto: Public Domain, https://it.wikipedia.org/wiki/File:Zenobia_ PhD in Classical Archaeology,
SLAM_4067.jpg ). Sapienza University of Rome.
Cultural Heritage Curator (“Sovrin-
tendenza Capitolina ai Beni Culturali”)

19

ENVIRONMENTAL PROTECTION

THE PROTECTION

OF MARINE ENVIRONMENT

From crisis to sustainable pea- Source: NATO Website vironment including access to wa-
ce: the role of seas and the pro- ter, food supplies and construction
tection of marine environment ch a strategic military advantage, materials. The direct impact and
weaken the enemy side or subdue related severe damage, aimed
by Antimo Altomare resistance, usually ecosystems, di- at the immediate destruction of
Marina Bizzotto rectly or indirectly, are engaged ecosystems by armies, is largely
within the conflicts itself and deli- due to the use of chemicals, bio-
urImonnpdmaercemtnsitnoiafnncgdopnenflaaiccttuesrpaorlnorctehesseos”uerncveis- berately become military targets logical weapons or similar and
to achieve political and military debris generated by bomb dama-
Although often underestimated goals. The destruction of natural ge against strategic infrastructure,
resources and related environ- industrial sites and rural areas. In
or overshadowed by the empha- mental stresses can be implicated some situations, natural resources
sis placed on the human loss and in all phases of the conflict, from such as oil wells, forests and water
disastrous economic consequen- contributing to the outbreak of vio- can also be targeted. Deliberate
ces caused by war, environmen- lence to undermining prospects for attacks on oil or industrial facili-
tal impacts of armed conflicts on peace. However, the negative and ties are used as a weapon of war,
ecosystems and natural habitats is detrimental effects of a conflict can to pollute large areas and spread
a significant and urgent problem. be the result of routine hostile mi- terror. However, potential environ-
In qualitative terms, due to the use litary actions and therefore qualify mental contamination and related
of increasingly sophisticated wea- as unintended but collateral con- risks to human settlements, which
pons that cause serious and some- sequences, or else they can be in- result from intentional attacks and
times irreparable damage, and in tentional. Intentional destruction direct effects of a war, are not limi-
quantitative terms, with regard to can be carried out mainly to depri- ted to the countries in which they
the large number of animals, plan- ve enemy forces of local livelihood are conducted, as air and water
ts and forests destroyed, waterways resources or to prevent cover and pollution can be carried across
and air polluted. In order to rea- concealment as well as a means of borders, threatening habitats and
denying to the enemy the benefits
of several components of the en-

20

ecosystems of neighbor regions ts and manipulations during war populations are pushed to adopt
and States. Recently, the invasion of could, instead, result from the use survival strategies that represent a
Ukraine, which has claimed thou- and employment of certain types threat to natural resources. In fact,
sands of lives and displaced mil- of weapons which can produce among the indirect consequences
lions of people, has combined the collateral effects on the environ- of a war are certainly those cau-
tragic human cost with enormous ment respect to the target to be hit. sed, more and more often, by the
direct and indirect damage to the In any case the use of tanks and displacement of huge masses of
environment. Although at present other heavy vehicles and the pro- refugees and displaced persons
it is still difficult to provide a com- duction, testing, stockpiling and leading to internal displacement
plete assessment and investigation disposal of weapons are another or migration to neighboring coun-
of the negative effects on the envi- frequent source of such damage tries. This, in turn, has an impor-
ronment, it is nevertheless possible to the environment, both direct tant effect on the balance of the
to state that missiles on industrial and indirect. Landmines, cluster territory: the alteration or even de-
sites, the bombing of fuel depots munitions and other unexploded struction of natural habitats, water
(as on the Chuhuiv base) or on si- ordnance can contain a range of and soil pollution, especially near
tes where chemical compounds of refugee camps, forced displace-
all kinds are stored, as on the Azo- Source: European Commission Website ment of human beings to margi-
vstal steelworks, pose enormous nal areas that damage biodiversity
risks of soil and water contamina- polluting materials, contaminating and with the change of priorities
tion. In addition, exposure to hea- soils, water sources and groun- associated with the drastic re-
vy metals, toxic gases and particles dwater with toxic materials restri- duction of budgets allocated to
from explosions, fires and building cting access to agricultural land. environmental policies. For exam-
collapses could lead to health ef- The construction of base camps, if ple following Rwandan genocide,
fects and extend beyond the bor- the basic rules for environmental thousands of people, victims of
ders of Ukraine as pollutants are protection are not respected, for- the conflicts affecting the African
transported downwind and down- tifications or the building of tem- Great Lakes region (Congo, Rwan-
stream. Since 2014, when Russia’s porary military infrastructure can da and Uganda), under the yoke
annexation of Crimea triggered a cause deforestation of wide areas of permanent instability and chro-
conflict in the region, the Donbass and the disruption of the ecosy- nic poverty, fled to the Kivu region
has also been at the centre of an stems, both terrestrial and marine. finding shelter in Virunga National
ecological catastrophe. Most of the During wartime, by altering exi- Park which was heavily looted. An-
environmental problems are inter- sting socio-economic models, local ti-poaching patrols inside the park
twined with the region’s characte- were obstructed and park per-
ristic of intense industrialization sonnel and wildlife were killed as
and mining. They not only involve well as mountain gorillas, already
mining, but also toxic leaks from an endangered species,for food.
disused industrial plants and con- Up to 40,000 people entered the
tamination from bombing and we- park daily in search of firewood
apons; debris management and and food deforesting huge areas.
disposal; and the collapse of wa- Even today in this wide area, rich
ste management and other envi- in biodiversity, still finds refuge nu-
ronmental services and pollution merous armed gangs that opera-
from weapons use. The region’s te illegally and enlist, often forced.
ecosystems and natural resour- Part of the funding for the purcha-
ces have also been affected, with se of weapons is also obtained
agricultural areas degraded, and from the trade in precious mine-
forests and protected areas dama- ral resources, such as coltan, gold
ged by felling, fires, mining, and and cobalt, and from the sale of
military activities.1 Unintentional or ivory, fine leathers and young go-
incidental environmental acciden- rillas. This example shows how the

21

ENVIRONMENTAL PROTECTION

exploitation and illegal trade of capacity to efficiently manage the the difficulty of avoiding environ-

natural resources can finance and main and basic natural resources mental disasters during conflicts,

extend arms conflict, particularly leading to a complete breakdown dictated mainly by political and

in countries where laws and insti- in the provision of water, waste military will, in order to build su-

tutions have been or are weake- and energy services with high risks stainable peace and support com-

ned or have collapsed. So natural to human health and the environ- munities, there is a clear need to

resources can, at the same time, ment. This problem is detrimental assess environmental risks, protect

contribute to the outbreak of con- to both peoples as environmental civilians from environmental da-

flict and are targets during warti- and natural resource pollution is a mage by actively incorporating en-

me. Conflicts lead inevitably to the trans-regional problem. A similar vironmentally sound approaches

collapse of government structures, situation can also be seen in Le- into post-conflict efforts. However,

institutional failures in all sectors banon, which is facing not only an many long-term environmental

and the rule of law fails with con- economic emergency, but also a solutions cannot become a reali-

sequent illegal and uncontrolled social and environmental one, due ty without a peace process for the

exploitation of resources. Therefo- to the spiral of unemployment, po- region and vice versa. In that pro-

re, direct and indirect damage to verty and pollution fuelled by re- cess environment could be seen as

the environment ecosystems and cent events such as the explosion a “bridge building element, buil-

collapse of State institutions, can at the port of the capital Beirut in ding the confidence between the

threaten livelihoods and security, 2020. The energy-environmen- two parties”2 seeking a ground for

but also undermine post-conflict tal situation in Lebanon constitu- cooperation on the basis of mutual

peace process. The implementa- tes a deep-rooted emergency in understanding and shared respon-

tion of protection and manage- the country: deforestation, illegal sibility. Environment and natural

ment measures at resources are, in-

the national level “THE NEGATIVE AND DETRIMENTAL EFFECTS OF A deed, crucial for
depends on the CONFLICT CAN BE THE RESULT OF ROUTINE HOSTI- building peace
capacity of diffe- and the way they
rent institutional LE MILITARY ACTIONS AND THEREFORE QUALIFY AS are managed can
and non-institu- significantly in-
tional actors and UNINTENDED BUT COLLATERAL CONSEQUENCES, fluence the suc-
on governance OR ELSE THEY CAN BE INTENTIONAL” cess or failure of

capacity: policies, the transition pro-

laws, planning, extension services dumps and quarries, contamina- cess. If the environment is plunde-

and education, practical in situ and tion of water sources, pollution of red and natural resources, which

ex situ conservation mechanisms. various kinds and, last but not le- play an important role in the na-

Frequent institutional changes, ast, decades of conflict that have tional economy and support ne-

weak institutions that are further compromised the country’s en- cessary livelihoods, are damaged

weakened by conflict, be it dome- vironmental quality. An endemic and degraded, they are unable

stic or international, undoubtedly problem that not only concerns to contribute to economic reco-

undermine the effective implemen- the environmental sphere but also very, social security and under-

tation of appropriate environmen- compromises the public health of mine the maintenance of lasting

tal measures. This is, for example, the population and affects several peace.“Natural resources and the

the issue in the Occupied Palesti- state institutions, including hospi- environment can contribute to pe-

nian Territories. The geographical tals that are in continuous shorta- ace-building through economic

division between Gaza and the ge of resources, including energy development and the generation

West Bank, controlled by different sector. This situation is also cau- of employment, while cooperation

political factions, the perpetuation sed by the inability of the gover- over the management of shared

of the conflict that is still ongoing nment, which, troubled by an in- natural resources provides new

with periodic border closures by ternal crisis and characterized by opportunities for peace-building.

the Israeli government, has had a great fragility, is unable to ma- These factors, however, must be

strong impact on the institutional nage resources properly. Given taken into consideration from the

22

outset. Indeed, deferred action or ther development, as necessary”.5 scharge of pollutants into the sea
poor choices made early on are from land sources, pollution from
easily “locked in”, establishing Addressing marine pollution as or through the atmosphere, that
unsustainable trajectories of reco- a part of comprehensive conflict resulting from the exploitation of
very that can undermine the fragi- prevention the seabed, and, finally, pollution
le foundations of peace”.3 So assu- Pollution is generally understood resulting from the sailing events.
ring stability and granting security, to be a change in the natural cha- War-related activities can also lead
promoting and encouraging eco- racteristics of an ecosystem, usual- to extensive pollution of local air
nomic growth is impossible or dif- ly caused by human activities, that and water. In this context marine
ficult without addressing questions give rise to harmful effects on orga- environment could become victim
related to resource access, con- nisms, human health or ecosystem of the nefarious and the disastrous
trol and sustainable management. more broadly. Different environ- effects of wars. During conflicts, in-
However the critical role of natural mental matrices are closely interre- deed, enemy warships, as well as

Source: Hussein Malla/Associated Press

resources, peace and security for lated and changes in one of them oil platforms, if present, are direct
sustainable development is fur- inevitably affect the others in a si- targets of war violence and the oil
ther emphasized in the 1992 Rio gnificant and complex way (so-cal- escapes from the wrecks of ships
Declaration which recognizes that led domino effect). Among them, stranded on the seabed constitutes
peace, development and environ- seas and oceans could be polluted a present and a future threat to the
mental protection are “interdepen- by different kind of human acti- marine environment due to the se-
dent and indivisible”.4 Therefore, it vities, addressing an increasing veral tons of oil that could escape
calls for States to “respect interna- threat to a healthy marine environ- as a result of the breakages caused
tional law providing protection for ment and consequently, to human by corrosive phenomena. Added
the environment in times of armed well being. One thinks of land-ba- to this are the large quantities of
conflict and cooperate in its fur- sed pollution consisting of the di- weapons that are thrown into the

23

ENVIRONMENTAL PROTECTION

sea and that are deposited on the comprehensive legal framework comes from land-based sources
seabed, posing a danger to mari- within which all activities in seas and airborne depositions, inclu-
ne flora and fauna, as well as for and oceans must be carried out, ding industrial wastes, oil pollution
those which come across this wa- including protection of marine en- from ships and dumping of waste
ste. Wrecked or damaged ships, vironment (including rare or fragi- at sea. International legislation for
submarines and offshore oil in- le ecosystems) and the conserva- the prevention of marine pollu-
frastructure can be additional and tion of marine biodiversity beyond tion has evolved along lines which
deleterious causes of marine pol- areas of national jurisdiction.6 reflect a generally agreed catego-
lution. Nevertheless the progressi- Peace operations (POs), which aim rization of the sources of pollution
ve increase in the risk of extending to assess and mitigate the causes which should be regulated and
the polluting effects beyond State of environmental degradation and addressed in a post conflict phase.
borders and situations of degrada- resource scarcity when operating UNCLOS outlines several types of
tion that threaten the entire ecolo- in crisis situations, are also called pollution: land-based and coastal
gical and environmental structure, upon to improve marine resource activities; vessel-source pollution;
have prompted the international management. So it is necessary continental-shelf drilling; potential
community to re-think its relation- integrating marine environmental seabed mining; ocean dumping;
ship with the environment by con- security and resource scarcity into and pollution from or through the
ceiving the latter no longer as an their plans so that improving the atmosphere. As far as dumping,
inexhaustible good, object of illi- whole P.O’s own environmental the 1996 Protocol to the London
cit appropriation, but as a limited performance avoiding constrain Convention defined it as any pol-
good that needs to be protected the operation’s ability to function lution done by a vessel, aircraft,
and preserved. For the internatio- effectively. Therefore management platform, or man-made structure
nal law of the sea in the relations of marine resources and protection at sea. While UNCLOS and the
between States there are no synal- of marine pollution are security International Convention for the
lagmatic obligations, but rather challenges that U.N. and non-UN Prevention of Pollution from Ships
the existence of common intere- multilateral POs need to manage (MARPOL) provide the principal le-
sts of States is recognized, which in a comprehensive way if they are gal framework for the regulation
have to be regulated through the to achieve their objectives. Howe- of vessel source pollution. There-
model of cooperative multilaterali- ver, the general definition found fore regulations and international
sm and thus also through the for- in 1974 OECD Recommendation7 preventive action were structured
malization of cooperative obliga- has been taken over by several in- as to take into the account the
tions. Hence the provision of erga ternational agreements including, main sources of pollution cove-
omnes obligations and the pro- for example UNCLOS. Indeed a ring the whole range of preventive
duction of collective interests. The commonly definition of marine action and adverse effect arising
modern international law of the pollution is “the introduction by from different pollution incidents.
sea includes among the latter the man, directly or indirectly, of sub- Moreover, international law and
protection of the marine environ- stances or energy into the marine rules generally impose on users a
ment, which cannot be left to the environment, including estuaries, duty not to pollute the seas. Since
unilateralism of States but requires which results or is likely to result the oceans are used by private and
a collective effort of cooperation. in such deleterious effects as harm state entities, both are responsible
Based on this assumption, interna- to living resources and marine life, when they are negligent in fulfilling
tional community, albeit with not hazards to human health, hindran- this duty. In addition to whatever
few reluctances, has formulated ce to marine activities, including fi- responsibility the individual may
rules and regulations and adopted shing and other legitimate uses of have, States bear responsibility for
several international conventions the sea, impairment of quality for pollution, whether caused by their
that fully address the protection use of sea water and reduction of instrumentalities or by private en-
and conservation of the marine amenities”.8 The common nucleus tities under their jurisdiction. Sta-
environment. The 1982 United of the definition is the event cau- tes are responsible for assessing
Nations Convention on the Law sing pollution. By far the major in- and measuring their own impact
of the Sea (UNCLOS), provides a put into the marine environment on the environment and that of

24

others. Therefore, “pollution can tent international organizations, re the stable and sustainable deve-

no longer be regarded as an im- States must, however, act in such lopment of the oceans and protect

plicit freedom of the seas; rather, a way that activities conducted un- the marine environment across dif-

its diligent control from all sources der their jurisdiction or control are ferent zones. In fact, the receptivity

is a matter of comprehensive legal not likely to cause harm to other towards international waters has

obligation affecting the marine en- States and their environment. But reserved the most explicit atten-

vironment as a whole, and not sim- they have also act in such a way tion for cross-border cooperation,

ply the interests of other states”.9 that they do not transfer damage in international river basins and in

To this end, it was found that States or risks from one area to another, large marine ecosystems in order

should use all appropriate means and that they do not transform one to address the shared interests of

to prevent pollution and to protect type of pollution into another. In many states for both freshwater

and enhance the marine environ- this perspective, UNCLOS itself en- and marine resources. Addressing

mental security controlling all sour- courages communication among environmental security protection

ces of pollution both globally and states to mitigate pollution risks by and prevention of marine pollu-

regionally.10 In compliance with sharing and receiving information tion during peace process could

the principle of non-interference and data on the marine environ- not be considered an incidental

of State sovereignty, the architectu- ment so as to increase shared re- component, but it constitutes an

re of UNCLOS Part XII establishes sponsibility. Marine environmental integral component because un-

ground rules for the conservation issues, if not holistically addressed, derwater and ocean environment

and protection of “RECENTLY, THE INVASION OF UKRAINE, WHICH plays pivotal role
the marine envi- in global security.
ronment in a fra- HAS CLAIMED THOUSANDS OF LIVES AND DISPLA- This because con-
mework based cept of security has
on regional and CED MILLIONS OF PEOPLE, HAS COMBINED THE expanded: threats
global coope- TRAGIC HUMAN COST WITH ENORMOUS DIRECT to security include
ration. The obli-
AND INDIRECT DAMAGE TO THE ENVIRONMENT.” excessive exploi-
gation “to pre- tation of marine

vent, reduce and resources and de-

predict marine pollution from any could undermine national securi- struction of the environment that mi-

and all sources”, set out in article ty and human security in a speci- ght endanger the balance among

192, can now be considered a cu- fic region, affecting several secu- sustainable development, peace

stomary norm. States have to take rity dimensions (social, economy, and resources, and environment.

measures to address pollution from energy, ecology etc.). Economic in-

vessels and land-based sources, terdependence among States fur- The role of natural resources in

from installations and devices used ther amplifies the transboundary peace process: improving a ma-

in exploration or exploitation of the impacts of marine environmental ritime management and coastal

natural resources, and from other degradation. Pollution is not confi- governance for more effective

installations and devices operating ned to internal and coastal waters, peacebuilding.

in the marine environment, espe- although these remain the most In the transition of post-conflict so-

cially measures for preventing ac- seriously affected areas because cieties towards lasting peace, pro-

cidents and dealing with emergen- are close to the coasts. It is in the per and shared management of

cies, in order to ensure the safety EEZ and oceans’ region that in- natural resources plays an increa-

of operations at sea. In addition ternational action should be most singly central role. Unresolved is-

to which are added those measu- urgent and more incisive. In effect sues relating to the management

res to prevent the introduction of maritime forces deployed within of land tenure, resources, delimi-

alien or invasive species, and to POs conduct monitoring activities tation of a coastal State’s water

conserve and manage coastal fi- beyond waters under the State go- and the exploitation of its marine

sheries. In adopting such measu- vernments’ control, regardless of resources could be potential de-

res, according to their capabilities, the delimitation of the EEZ, to ma- stabilizing factors that can rekind-

either directly or through compe- nage the marine resources, to assu- le tensions in societies recovering

25

ENVIRONMENTAL PROTECTION

from the crisis. From past expe- sources hold out the prospect of interventions” by underpinning
riences there emerges the need positive economic development, stabilization, peace-building and
to first remove these potential ob- employment and budget revenue” livelihoods in war-torn countries.
stacles to peace by defusing the without lead to rapid uncontrol- Within the lens of peacekeeping
factors that can provoke such ten- led exploitation of such resources, missions, the defining challenge is
sions. At the same time, the need but giving due attention to envi- the transition from a governance
to integrate environment and its ronmental sustainability and the of war to a system of resilient go-
many natural resources into the equitable distribution of revenues. vernance shifting the time horizon
peace-process phase “as deferred Given the multifaceted role of na- from the immediate future to long-
action or poor choices made ear- tural resources in post-conflict pe- term management. Experience has
ly on often establish unsustainable ace-building, although the priori- shown that the quality of institu-
trajectories of recovery that may ties are generally demobilization, tions is crucial. A country’s laws,
undermine long-term peace and disarmament and reintegration as strong institutions and capacities
stability”.11 To this end, it is crucial well as restoration of order and determine, among other things,
that environmental issues are not the rule of law, UN has, increa- mechanisms to fairly allocate the
treated in isolation but instead are sed recently, effectively integrated rights and benefits of natural re-
complementary components of the environment and natural resour- sources and promote transparen-
assessments that guide peace-bu- ce into its peace process interven- cy in their management. Adopting
ilding interventions. In practice, tions. With the understanding that fair and effective resource gover-
peace negotiations aimed at resol- the fulfillment of humanitarian ne- nance as a central component
ving conflicts have not, or not ade- eds and economic development of peace process can increase
quately, addressed resource ma- inevitably require a cross-cutting the likelihood of natural resour-
nagement mechanisms. Focus on management of natural resources. ces being an opportunity to pro-
securing peace in the short term Secretary-General’s 2010 Report mote other peace-building goals.
has generally taken priority over on Immediate Post-Conflict Pea- However, despite the centrality at-
the longer term, which is necessary cebuilding calls on Member States tached to the environmental pollu-
to create such conditions for a su- and UN system to make issues of tion of the seas and the growing
stainable post-conflict peace. The allocation, ownership and access recognition of the importance of
adoption of concrete measures to to natural resources an integral their management in the imple-
protect environmental resources part of peace-building strategies.12 mentation of post-conflict reco-
to enable host countries to acqui- As the incidence of climate related very, the focus on the seas, oceans
re specific skills in preventing and disasters may rise, PO in coordina- and biological resources still se-
mitigating environmental crimes tion with Member States will need ems to be low. In any case many
is based on the premise that de- to intensify efforts to anticipate and of the issues related to marine con-
velopment in crisis areas, if it is to respond to disasters that may affect text fall within the main areas of
be sustainable, cannot be without the operational and security land- post-conflict peace-building: eco-
stable environmental conditions. scape. The potential link between nomic recovery, livelihoods and
With the assumption that among natural hazards and increased risk transboundary cooperation. The
the functions of stability policing for the onset of civil war may also proper management of the mari-
for the promotion of the rule of law lead to rising demand for pea- ne resources must be considered
emerges environmental protection, cekeeping operations.13 As peace a critical element of peace-buil-
as a third generation right. In the agreements often affect the sco- ding. Failure to address issues re-
aftermath of a crisis,the country’s pe and mandate of PO, the way lated to inland waters, functional
natural resources are its primary they deal with different natural re- sea areas and resource zones can
assets for realizing measures to sources should also be taken into undermine peace-building effor-
avoid return to conflict, to meet the consideration, including those that ts, as communities’ livelihoods are
basic needs and to strengthen con- directly or indirectly related could affected by the social and econo-
fidence building governance. They have impact on seas. They can mic implications of access to them.
can help boost economic recovery “form an integral part of the asses- Marine biological resources and
and livelihoods -”high-value re- sments that guide peace-building their sustainable exploitation are

26

of considerable importance both watercourses and all kind of sur- attacked and burnt down and wa-
for the economy and other natio- face-water, is even more pronoun- ters around the villages were poi-
nal interests of the coastal state ced— due to population relies di- soned with chemicals substance.
concerned but also for the needs rectly on natural resources offered According to 2001 UNEP Report16
of states in the sub-region or re- by them such as fishing and wa- this caused rapid desiccation of
gion in relation to surplus fishe- ter bodies for their daily needs’.15 over 9,000 km2 of wetlands and
ries.14 Therefore, in the post-con- The environmental disaster of Ira- lakes which is bound to have signi-
flict situations or even in situations q’s Mesopotamian marshlands ficant ramifications on the regio-
following major natural disasters, exemplify the deleterious effect on nal micro-climate; increased flow
seas and their resources have to the fulfillment of human need de- of pollutants into the Shatt-al-Arab
become integral part of the reco- pendent on inland waters and the waterway, a branch of the Euphra-
very process. First they are able to impact of natural resources da- tes River, causing disruption of fi-
satisfy and support basic human mages that post-conflict countries sheries in the Persian Gulf as well

Source:UN Photo- Digital Asset Management System/UNIFIL

needs. In fact, the erosion of ma- can inherit. This marshlands have as a catastrophic impact on wildlife
rine ecological capital puts at risk supported lifestyle for the Marsh and biodiversity and extinction of
the livelihood that many sectors of Arabs for decades and are inte- several plant and animal species.
the economy, from tourism to fi- gral to the health of the waterways This has had a major impact on li-
shing, derive from the sea. For this that constitute the country’s main velihoods and the local economy
reason these resources should be water supply. However, in the ear- leading to the loss of dairy pro-
accessible and of adequate quality ly 1990s, in order to punish Shi’a duction, fishing and rice cultivation.
as to sustaining food security and insurrection, Saddam Hussein’s In this regard the strategic role of
restart local livelihoods for popula- regime drained the marshlands ports and docks as well as the ro-
tion: think, for instance, of coastal to deny their use, devastating the adsteads and installations located
fishing, protection of fish resour- local communities and their way off the coast that are functional for
ces and mariculture. In this sense, of life. In addition, during the war marine economic activities should
the importance of the internal wa- that characterized south Iraq in also be highlighted. Indeed, gi-
ter, in particular lakes, reservoirs, 1991-1993, marsh villages were ven their strategic importance, in

27

ENVIRONMENTAL PROTECTION

a context of maximum institutional ensuring their sustainable use by der zone is essentially organic and
fragility, they can become victims implementing international law, as is usually domestic or industrial
of the activities of terrorist groups reflected in the UNCLOS, constitu- sewage. However, water-ways also
or prey for the enemy counterpart. tes another functional aspect of ef- suffer as detergents, fertilizers, pe-
An example of this is the blocking fective ocean governance. Always sticides and herbicides drain into
of commercial traffic routes and taking into consideration both how them from cleared and irrigated,
the undermining of territorial wa- human activities affect marine agricultural land, as well as from
ters against non-belligerent mer- ecosystems and how ecosystems runoff after fires or tree felling. Of
chant traffic. The undermining of affect human activities. Moreover, course, contaminants also pollute
ports, territorial waters and the due to their nature, many marine areas beyond national borders,
EEZ of Ukraine, which has unduly resources are shared across natio- beyond waters under national ju-
penalized the free navigation of nal borders, which adds a complex risdiction, flowing from the border
neutral merchant vessels and has dimension to the governance and area to the ocean. Added to this is
a significant environmental impact management of shared waters but the aspect that coastal and mari-
in the Black Sea, a region that is at the same time offers an oppor- ne resources are issues of serious
a habitat for several marine spe- tunity to play a crucial role in pro- cross-border interest, creating cla-
cies, as well as numerous fish and moting regional cooperation. The shes and tensions between com-
marine organisms.17 So, as coun- management of maritime areas of munities on both sides of the bor-
tries move beyond crisis into peace a State emerging from post-crisis der.18 So, the governance problem
consolidation and toward develop- situation, which could prove to be presented by pollution in the rivers
ment, seas, including internal wa- severely compromised and pollu- of the border area rivers and for
ters and territorial sea, functional ted, inevitably requires a collective the adjacent sea is unique in that
maritime zone, such as EEZ and approach based not only on the is necessarily the shared respon-
oceans represent an important implementation of existing interna- sibility of the two countries, nei-
factor to supporting broader eco- tional dispositions but also on par- ther of which has the motivation
nomic recovery and development. tnerships and alliances with third or means to clean up the rivers
Not only of the state concerned countries, multilateral and regio- on their own. Therefore, the issue
but also of neighboring states. In nal organizations, non-state actors is an opportunity for cooperation,
order to realize the benefits of ef- such as NGOs, business operators, albeit a difficult one. For these rea-
fective management of sea and and the scientific community. This sons, both governments requested
its resources, countries emerging is the case of the transboundary UNEP to conduct an assessment of
from conflict need also rebuild environmental challenges in the the border zone in order to identi-
and adopt sea and ocean gover- broader zone of Haiti and the Do- fy key priorities for stabilizing the
nance frameworks. An integrated minican Republic. Here there is the present situation and needs, in or-
approach that have the human, most contact between two popula- der to secure development goals.
technical and institutional capacity tion and the highest likelihood of In a context already dominated by
to proper manage complex issues tensions and conflict between them the presence of the UN peacekee-
related to access to which natu- due the interdependence of the two ping mission, MINUSTAH, establi-
ral resources for their livelihoods countries as well as transbounary shed in 2004 and expanded after
allocation, service provision and exploitation of natural resources. the 2010 earthquake and 2016
resource sustainability. A policy Among other environmental pro- hurricane, the activities of UNEP
model which first develop appro- blems, water pollution is a wide- and other UN agencies, such as
priate tools for assuring the depol- spread and cross-national issue. It UNDP, are included in order to
lution of sea, potentially polluting is endemic to both countries due to catalyze emergency response and
from the nefarious effects of the the inadequate wastewater mana- post-crises environmental recovery
actions of a conflict or natural di- gement, sanitation and waste ma- and assessment. The Joint UNE-
saster, and aims to protect the se- nagement. Most of the pollution in P-OCHA Environment Unit wor-
abed from harmful practices, en- the broader’s zone coasts comes in ked closely with the local Haitian
sure a sustainable blue economy. the form of household waste from Government, and with partners in
Building up ocean knowledge and cities. Water pollution in the bor- WHO, UNDP, the World Bank and

28

European Commission in order to nal maritime security and environ- marine environment and climate
both identify and mitigate acute mental concerns. Moreover it is no change management.21 So assi-
environmental risks and to provide longer possible to face with mariti- sting host States and developing
technical support in the implemen- me security while ignoring several countries in coordinating policies
tation of the natural resources ma- aspect that prevail in the maritime aimed at the conservation and su-
nagement and restoration project. domain such as ocean and seas stainable management of marine
In addition, UNEP and the Europe- pollution, environmental crimes resources, including through the
an Commission Ecosystem-based and natural and man-made ac- promotion of sustainable coastal
Disaster Risk Reduction Project19 cidents. They represent a serious and fishing activities and, where
(ECO-DDR) in Haiti had the aim obstacle to the implementation of appropriate, the development of
to reduce disaster risk by suppor- the 2030 Agenda, which all ac- related infrastructure. Among the
ting sustainable and resilient fi- tors in the international community goals underlying Objective 14 the-
shing practices and addressing are called upon to implement and re is the need to “strengthen the
uncontrolled pollution which has pursue them including PO, under- conservation and sustainable use
exacerbated the degradation of stood as the operational branch of of the oceans and their resources
coastal and marine ecosystem. the UN. Indeed one of the Goals through the application of inter-
included in the Agenda is “Life un- national law as reflected in UN-
Capacity building for marine re- der water” which focuses on the CLOS”,22 recognizing that inter-
source management: PO support need to “conserve and sustainably national law provides the basis on
to boost maritime security use the oceans, seas and marine which to pursue the protection and
Proper management and alloca- resources for sustainable develop- sustainable development of the
tion of marine resources, sustai- ment” placing it in a strictly inter- marine and coastal environment.
nable use of oceans and seas con- connected program. Taking into On this basis, it is essential that
stitutes, among others, one of the account that this type of ecosystem peacekeepers promote the ratifi-
key SDGs of 2030 UN Agenda. is heavily influenced by various an- cation and implementation of key
Peaceful use of the seas, accor- thropogenic activities with negative and relevant international instru-
ding to international law and the consequences such as water pol- ments covering different areas of
reservation of oceans for peaceful lution, depletion of fish stocks and concern such as illicit international
purpose, based on the principle of loss of natural coastal habitats, it is traffic in hazardous chemicals or
common heritage of mankind, of- necessary, more than in the past, to prevent damage resulting from
fer new opportunities and aspect to adopt an holistic vision imple- the trans-boundary movement and
for peacekeeping while enhancing menting actions to protect and disposal of hazardous wastes in a
economic and environmental se- safeguard marine ecosystems as manner consistent with obligations
curity. Indeed, among the activities well as actions to raise awareness under relevant international instru-
that PO can carry out, in crisis or and environmental education. In ments, such as 1992 Basel Con-
post-conflict contexts, is the broa- this sense, multifunctional peace vention.23 To this end the promo-
der purpose to assure sustainable missions can have, as one of the tion and dissemination of the basic
governance of the oceans, ensu- mandate goals the promotion of principles and rules of the environ-
ring maritime peace, coastal and the implementation of Chapter 17 mental law as well as the several
marine management of the seas of Agenda 21. It provides the plan Guidelines or Codes of Conduct24
as well as to address the proper of action to achieve the sustainable for the protection of seas and oce-
utilizations of the sea-bed. The- development of seas through its ans, particularly in those states
se activities are part of the targets programme areas of integrated where the mission has a manda-
included within goal 14 of 2030 management and sustainable de- te to ensure a return to the rule of
Agenda which aims to sustain oce- velopment of coastal zones, inclu- law through reform of state bodies
an well-being.20 Notably several ding exclusive economic zones; and civil society in conflict-torn
events over the years have incre- protection of the marine environ- countries, could represent an use-
ased the profile of the environ- ment; sustainable use and conser- ful strategy. This is necessary for
mental dimension of marine safety vation of marine living resources; the host State’s population and in-
revealing the link between traditio- addressing critical uncertainties for stitutions to become more critical-

29

ENVIRONMENTAL PROTECTION

ly aware of events such as ocean Somali operation. It represents the despread sense. Indeed these PO,
pollution and the vital importance commitment of the FGS and the due to the characteristic of being
of protecting marine ecosystems. United Nations to work together to multidimensional, are conducted
This kind of activity and these in- achieve peace, stability and pro- with the support of all means, ter-
ternational legal instruments could sperity for all Somalis and to guide restrial and naval, and are not li-
serve as an instrument of referen- the UN’s collective contribution to mited to the mainland alone. In
ce to help States to establish or to the realization of the 2030 Agen- this context naval forces, and their
improve their legal and institutio- da and the SDGs in Somalia. The support, have become more and
nal framework providing guidan- Cooperation Framework is built more important to peace-keeping
ce which may be used where ap- on the realization that to consoli- process and post-conflict manage-

Source: UN Photo- Digital Asset Management System/UNTAC

propriate in the formulation and date previous gains and to acce- ment. The potentialities capability
implementation of international lerate the process of sustainable of the employment of multinatio-
agreements and other legal instru- development, the multitude of in- nal naval forces in PO to fulfill their
ments, both binding and voluntary. terconnected challenges driving mandates are expressed in two
In this sense an example of pea- conflict and fragility must be ad- ways: naval forces contribute to
ce operation as a means of imple- dressed in unison in a comprehen- the maintenance of international
mentation of SDGs in supporting sive and integrated manner.25 peace and security; their employ-
the efforts of developing countries However the multiple measures ment as components can be useful
in reaching sustainable develop- adopted in the context of PO will to a large extent in the fulfillment
ment results is characterized by the contribute to protect oceans and of their mandate. In this context
United Nations Sustainable Deve- to further progressive development it emerges how maritime forces
lopment Cooperation Framework of peaceful use of it contributing aim to promote security, stability
2021–2025 within the context of to assure security at sea in the wi- and prosperity improving mariti-

30

me safety in the region where the has provided a broad connotation safety. All actions taken, within
mission is deployed. Therefore the of maritime security to mean ‘the the framework of peacekeeping
concept of marine security acqui- protection of a state’s land and operations and by maritime task
res an important connotation. The maritime territory, infrastructure, forces, to ensure maritime safety,
latter could be considered as a economy, environment and society must in any case adopt a sustai-
broad concept which encompas- from certain harmful acts occur- nable approach aimed at pro-
ses different issues such as piracy ring at sea’.28 Similarly, other parts tecting the marine ecosystem. In
as well as trafficking in weapons of of the doctrine report to ‘mariti- such context it becomes relevant to
mass destruction, drug trafficking me security matrix’ that consists of consider the concept of safety too.
and human smuggling. It is also four core dimensions: sea-power, While maritime security deal with
no longer possible to discuss mari- marine safety, blue economy, and the protection of the State and it
time security while ignoring newer human resilience.29 The UNCLOS territory from intentional perils and
topics that prevail in the maritime Convention, does not provide a external threats damages, mari-
domain such as the exploitation clear definition of what maritime time safety encompasses the pro-
of living resources and sea bed, security might mean. Rather, gui- tection from non-intentional perils
ocean and seas pollution, illegal dance is provided on what might as well as to protect the environ-
fishing, environmental crimes, or compromise security. For example ment, from accidental hazards
maritime accidents and disasters the activities indentified are tho- or naturally-occurring. UNCLOS
and natural and human-cau- se related to article 138 in rela- deals with safety to a greater ex-
sed accidents with serious conse- tion to the conduct of states in the tent and in a more explicit manner
quences, including climate chan- Area which shall be, inter alia, ‘in than it does with security.31 Safety
ge. Furthermore, the protection of the interests of maintaining peace in UNCLOS encompasses the sa-
the Area and its natural resources and security and promoting inter- fety of navigation, the safety of hu-
should also not be underestimated. national cooperation and mutual man life, and the protection of the
Maritime security issues are rela- understanding’. It also includes fi- marine environment. For example,
ted to territorial security and have shing activities, willful and serious Article 242 UNCLOS seeks to pro-
developed because of the inter- pollution, and research or survey mote international cooperation in
connection of maritime activities activities.30 In order for activities marine scientific research and the
with land-based activities in that conducted under PO to represent exchange of relevant information
what happens on the seas has an a form of coercion, it is properly in order to prevent and control da-
impact on actions taken on land and necessarily inferable that the mage to the health and safety of
and vice-versa. New maritime se- defense of the seas from activities persons and to the marine envi-
curity issues posed by non State commonly identified as maritime ronment. For the purposes of the
actors, “transnational crime, ter- threats, becomes an integral part present analysis, in an extensive
rorist attacks, and environmental of the mandate of a peacekeeping interpretive key, it can be seen that
harm may all have maritime ele- operation. Protection of the marine the two aspects complement each
ments and thereby pose risks to a environment from various forms of other and are complementary. In
state’s territorial security”.26 Thus, pollution and support for environ- contexts of institutional fragility,
for example, surveillance actions mental protection of the flora and the environment can be a direct
taken at sea may focus on pre- fauna of the seas and oceans, with or indirect victim of illicit actions
venting and ascertaining land de- the concurrence and support of and conduct. Given the massive
fenses. In 1992, the UNSC man- specialized international organi- impact both economically and en-
dated the UN Advance Mission in zations, justify actions by the pea- vironmentally that a crisis situation
Cambodia (UNAMIC) to conduct cekeepers themselves and the sta- could have on the fragile ecosy-
demining activities in Cambodia te or states perceiving the threat. stem of sea, effecting fisheries and
including marine mine detecting However, it is worth highlighting aquaculture, it is possible to refer
operations and training of Cam- that the concept of environment that the deployment of PO incor-
bodians in mine clearance and to and environmental protection are porates into its operating policies
initiate a mine-clearance program- collateral and transversal in rela- and procedures objectives, mostly
me.27 Indeed, the relevant doctrine tion to other aspects of maritime implicit, to ensure the sustainable

31

ENVIRONMENTAL PROTECTION

political-reconciliation process War, when Iraqi forces dumped into the oceans. Most international
strengthening both security and thousands of gallons of oil into environmental conventions focus
safety of the environment. In fact, the waters of the Arabian Gulf and on provisions that call for comba-
the marine environment, as poin- burned several oil wells, leading ting environmental pollution, ad-
ted out, is subject to both inten- to the pollution of many Asian sta- dressing its effects or limiting its
tional and unintentional damage. tes. In the latter case, there is un- expansion sometimes being weak
From what has been extensively doubtedly an internationally wron- in combating it. In this regard, UN-
analyzed emerges the need for gful act by a State that implies its CLOS, places on states a general
greater protection, particularly le- responsibility for its internationally obligation “to protect and preser-
gal, and a more incisive sanction wrongful acts. The idea of conside- ve the marine environment”33 from
profile, of the marine environment ring crimes of aggression against pollution as well as that of adop-
to be carried out with more inci- the environment as international ting laws and regulations to pre-
sive instruments. Hence, also, the crimes, although not without dif- vent, reduce and control marine
increasingly felt need for harmo- ficulty, could draw the attention pollution in relation to all sources
nized application of international of the international community to of pollution. In more detail, article
standards. To this end, the concept the marine environment, which, 235, in dealing with the internatio-
of “universal jurisdiction” is based especially in times of crisis such as nal responsibility of states, merely
on the idea that certain internatio- wars, suffers from environmental states that states have an obliga-
nal norms are so relevant that they crimes whose impact and damage tion to see that their obligations
apply to all States in the interna- do not differ from the international with respect to the protection and
tional community, and therefore all crimes that the international com- prevention of the marine environ-
States must undertake to enforce munity is concerned to combat. ment are fulfilled, failing which they
them. In this sense in order to pro- The idea that international law de- are liable under international law.
tect the marine environment from ems an act as an international cri- The aforementioned article leaves
pollution and combat environmen- me for causing great harm to hu- it to domestic law to deal with the
tal crimes, it is necessary to con- man beings is certainly not new. In issue of liability in the same way as
sider crimes of aggression against fact, the beginning of the applica- the 1969 Brussels Convention on
the environment as international tion of international law to inter- Civil Liability,34 which imposes con-
crimes, on a par with war crimes, national crimes dates back to the trol obligations on States Parties in
crimes against humanity and ter- era of customary law of the sea, order to prevent marine pollution,
rorist crimes, since man as such is the crime of piracy being the most without for the sake of providing
the target of protection in all the- obvious example. The principle of for an obligation to compensate
se cases. The term “international freedom of the high seas has as its for the damage, leaving it to do-
crimes” is usually used to refer to corollary the exclusive jurisdiction mestic legal systems to regulate
certain international wrongful acts of the flag state. The only exception the liability aspect for the damage.
of a particularly serious nature. It in this area is the international cri- It should be pointed out that article
can be a domestic crime if com- me of piracy, which was conceived 235, in emphasizing that marine
mitted by a person who engages in as a crime with universal jurisdi- environment constitutes an indi-
damaging behavior that alters the ction.32 As such, this regime frees visible and limited good, has laid
ecological balance, such as spilling the crime from the normal bonds the legal basis for liability to the
harmful liquids into the marine en- of territorial jurisdiction and can, entire international community in
vironment (events that also occur therefore, be prosecuted by all sta- the event of violation of the norms
in the case of non-international ar- tes. Piracy, however, does not in- established to protect the marine
med conflicts by criminal syndica- clude damage caused to the oce- environment. This is in view of two
tes or armed gangs). Or identify as an environment. Seizing a ship in institutions: the power of interven-
an international crime and thus a order to plunder it is considered by tion of the coastal state on the high
certain state may be responsible if the international community to be seas in the case of “massive pollu-
a certain environmentally harmful a more serious crime than actions tion”35 and the power exercisable
activity is attributed to that state, aimed at intentionally dumping by the port state against ships that
as in the case of the Second Gulf significant pollution (from a ship) enter after having produced “high

32

pollution” of the marine environ- law, some countries have granted be more specific, to the guaran-
ment.36 However, the article under rights to nature, and particularly tee of the human right to a healthy
consideration does not provide for to a state’s inland waters, rivers environment. The latter takes the
an obligation of actual reparation and lakes, in their national laws. In form of a fundamental human ri-
or a hypothesis of strict liability for 2008, Ecuador recognized the con- ght to the protection of the natural
damage caused to the marine en- stitutional right of Mother Earth,37 habitat in which he-she lives and
vironment, by virtue of which any and in 2010, Bolivia adopted the acts. As proof, last July, the UN
damage attributable to the activi- Law on the Rights of Mother Earth, General Assembly, adopted a re-
ty carried out by a state entails the which gives legal standing to natu- solution, based on a similar text 38
obligation of reparation by the lat- re and establishes an ombudsman adopted in October 2021 by the
ter. For these reasons, and because to protect its rights. In 2017, the UN Human Rights Council, reco-
of its biological and economic im- Constitutional Court of Colombia gnizing that access to a “clean,
portance, on a par with the pheno- recognized the Atrato River Basin healthy and sustainable environ-
menon of piracy, the marine envi- as a subject of rights. In the same ment is a universal human right”
ronment must be treated as a legal year, the New Zealand parliament by calling on states, international
asset of universal scope. This view, recognized the Whanganui River, organizations and businesses to
although subject to procedural dif- sacred to the Maori people, as a step up efforts to ensure a healthy
ficulties that cannot be discussed “legal person,” giving it the same environment for all. Environmental
here, makes it possible to separate rights as a natural person. Similar- issues are grafted, as it were, into
it from a specific legal system and ly, the State of Uttarankhand (Re- the framework of the right to life,
to punish violations in accordance public of India) also stipulated that as recognized by article 6 of the In-
with the norms of International Cri- the Gange River and the Yamuna, ternational Covenant on Civil and
minal Law, which provide for the its main tributary, are to be consi- Political Rights. In Ioane Teitiota v.
principle of universal jurisdiction. dered “living legal entities, having New Zeland case U.N. Human Ri-
the status of legal persons with all ghts Committee “has established
Peace Missions’ operations assu- deriving rights, duties and respon- that environmental degradation
ring protection of marine envi- sibilities.” Although not yet clear, can compromise effective enjoy-
ronment in the light of new legal this recognition implies several le- ment of the right to life, and that
perspective gal and practical connotations set- severe environmental degradation
Activities of P.O., if they operate in ting the stage for an exploratory can adversely affect an individual’s
post-crisis contexts, have also to and comparative analysis of the well-being and lead to a violation
take into account developments in phenomenon under considera- of the right to life”.39 The Human
the domestic law of host States re- tion. First, they are no longer con- Rights Committee had already sta-
lating to the regime of these wa- sidered mere objects but subjects ted in General Comment No. 36
ters. Current international conven- with the full legal right to exist, to of 2018 that the right to life is not
tions address the management of be respected, and to regenerate limited to mere existence, but en-
natural resources including marine their bio-capacity. To which is ad- compasses a broader scope, to be
resources from the perspective of ded the right to be represented in exempt from acts and omissions
participating states. That is, they legal proceedings against threats that are intended or may be re-
recognize the importance of pro- to their integrity and well-being, quired to cause their unnatural or
tecting these resources, but treat such as degradation, and, therefo- premature death, and to enjoy a
them entirely as natural resources re, to have “trustees” to look after life of dignity. Environmental de-
belonging to States, focusing on their interests. These river-lakes gradation, therefore, can under-
the rights and prerogatives of par- have the right to sue others, for- mine the effective enjoyment of
ticipating countries to ensure their cing communities and States, whe- the right to life and, by adversely
proper use or that river manage- re they exist, to take care of the affecting the well-being of the in-
ment by one riparian country does river or face sanctions. This issue dividual, can lead to its violation.
not adversely affect the rights of is related to the approach that lin- In this regard, the Committee re-
another riparian country. Otherwi- ks environmental protection to the calls the relationship of Article 6
se and contrary to international guarantee of human rights, or to to other legal regimes including

33

ENVIRONMENTAL PROTECTION

international environmental law.40 consequences for these rivers and of acting on their behalf. Finally
States, therefore, have not only a lakes. In a current and evolving although international recognition
-negative- obligation to refrain interpretive view, this also entails on par with domestic recognition,
from creating intentional harm consideration of the practical im- as occurred in the aforementio-
to life but must take appropriate plications by a mission that would ned states, is still a long way off
measures-positive obligation-to operate under such circumstan- and certainly requires a long pro-
address the general conditions of ces. Indeed, P.Os, within its man- cess not without legal and practi-
society that may give rise to “re- date, are also called upon to give cal difficulties, it is possible, howe-
asonably foreseeable threats and due consideration to the inclusion ver, to state that the main intention
life-threatening situations that can of biodiversity and inland waters behind this recognition is to ensure
result in loss of life,41” that is, direct among the subjects of rights de- a more enhanced legal protection
threats to life or prevent individuals serving protection. They, therefore, by helping to protect it from unbri-
from enjoying their right to life with must take charge of protecting and dled exploitation. The hope is that
dignity, including the creation and reclaiming the land by adopting it will be able to protect these na-
maintenance of a safe and con- incisive actions and practices to tural resources by not translating
ducive environment for the defen- strengthen their protection and re- into further and mere legal pro-
se of human rights. In fact, there storation of their integrity. It could cesses for their own sake and wi-
is a mutual functionality between then be pointed out that the legally thout practical implications for the
the protection of the person and enhanced protection of these re- guarantee of protection of rivers
the protection of the environment: sources is linked to the promotion and lakes. Faced with these evo-
defending the environment means of the principle of sustainability lutionary challenges, consisting in
also protecting man and the habitat for the common benefit of present the protection of global rights and
of which he/she is a part, since any and future generations. However, innovative legal standards, classi-
act of aggression against the en- it is also a matter of legally ad- cal international law and the for-
vironment compromises the enjoy- dressing situations of violation of mation of its rules can sometimes
ment of a right to a healthy envi- these rights recognized by dome- appear burdensome. The central
ronment by affecting quality of life. stic legal systems. In particularly role of soft law stands out in this
In the post-conflict stabilization complex peacekeeping missions, context. The category of these as-
process, however, the centrality of such as those mentioned above, sets, like the declarations of gene-
the stability policing function for as that are part of a U.N. interim ral principles of the U.N. General
the promotion of the rule of law administration and thus a transi- Assembly, in any case play a role
emerges, including environmental tional phase of justice or trustee- in the formation of general norms,
protection, understood both as a ship in the Host State, U.N. may as they are manifestations of the
third-generation fundamental ri- sometimes be entrusted with judi- opinio juris of the States. Although
ght and as a form of promotion of cial as well as executive and legi- they have no binding value and do
the environment itself. However, it slative activities. In this sense, such not create rights and obligations,
should, in addition, be pointed out activities also include functions of they can still produce legal effects.
that the status of legal entity implies exercising protection of these rivers Therefore, even if it is a difficult
that these rivers, lakes and basins and lakes and criminal jurisdiction and long process of formation,
are holders of active and passive over those allegedly responsible which certainly will not occur in the
legal situations and thus beneficia- for violations of their rights. These near future, soft law could contri-
ries of the right to the full respect are jurisdictional activities that so- bute to the formation of a general-
of their existence or the right to re- metimes replace, but mostly sup- ly accepted consensus regarding
medial action. Therefore, even in plement, similar activities usually the progressive legal recognition of
post-crisis phases, State must con- carried out by the internal courts entities and rivers. Non-binding re-
sider this legally preponderant is- of territorial states. Added to this is commendations that can gradual-
sue by establishing more effective the need and duty to bring to bear ly be spontaneously received by
mechanisms for restoration and in negotiations and relevant fora the States and that can create the
taking appropriate measures to the representatives of these natural starting point, perhaps, for a rule
eliminate harmful environmental resources entrusted with the task that produces legal effects. They

34

can be examples of best practices rational tools in assuring pro- wartime, it is essential to consider
and form the basis of both effor- tection of marine environment its potential applicability to crisis
ts to reduce the environmental fo- Law enforcement powers are es- situations, followed by the establi-
otprint of missions and actions put sential to enable States to respond shment of UN missions. Such as in
in place, in synergy with institutio- to maritime security threats. The case of non-international armed
nal activities, to protect and safe- regulation of activities depend on conflicts or when pollution may de-
guard the natural heritage of seas what authority states have in any rive from sources other than ves-

Source: UN Photo- Digital Asset Management System

and marine protected areas or given maritime area or over any sels such as when a near-shore oil
vessel, installation or structure lo- facility or installation is destroyed
entities worthy of protection. Also cated at sea. In the lex generalis, by military activities and the pollu-
indeed, relating to the prevention tion affects the territorial waters or
in relation to the process of affir- of pollution in marine areas, a di- internals waters of both the origi-
vision is defined in relation to en- nating State and a neutral neigh-
mation and recognition of ecocide forcement powers exercisable in boring State. Parties to the confli-
marine areas. State power also va- ct are encouraged to agree not to
as a crime, thus making environ- ries depending on what threat to conduct hostile actions in maritime
maritime security needs to be ad- areas that include (a) rare or fra-
mental devastation the fifth of the dressed. Although it is not entirely gile ecosystems, or (b) the habi-
clear to what extent UNCLOS en- tat of species or other marine life,
crimes tried by the International vironmental protection provisions which are depleted, threatened,
may continue to be in force during or endangered.42 If hostile actions
Criminal Court. And, obviously, a are conducted in the exclusive eco-

duty, not only ethical, but also le-

gal, would be established towards

the Planet, opening the way to new

and interesting legal perspectives.

6. Peace Mis-

sions operations effective ope-

35

ENVIRONMENTAL PROTECTION

nomic zone or on the continental Then, from the point of view of the under their jurisdiction”. Although
shelf of a neutral state, belligerent applicable legislative regime, al- an individual country has primary
states must, not only comply with though the theoretical prevalen- jurisdiction over its land-based
the other existing rules of the law ce of the legislation in force in the pollution, each country is encoura-
of armed conflicts on the sea, but host nation and, therefore, of the ged to prevent land-based pollu-
likewise must give due conside- conventions and agreements rati- tion by “cooperating” in regional
ration to the rights and duties of fied by the host State of the mis- and international efforts to pro-
the coastal state, inter alia, for the sion, the UN is much more direct tect the marine and coastal envi-
exploration and exploitation of the in considering compliance with the ronment. Particular emphasis is,
economic resources of the exclusi- international agreements in for- in fact, placed on the internatio-
ve economic zone and the conti- ce on environmental protection as nal organizations with which sta-
nental shelf and for the protection a binding constraint. The objecti- tes must commit to cooperate and
and conservation of the marine ve of the policy is to decrease the collaborate in order to adopt ru-
environment. In particular, they overall consumption of natural re- les, practices and procedures to
must give due consideration to ar- sources, protect local environmen- keep under control the pollution
tificial islands, installations, works tal and public health and establi- of marine flora and fauna arising
and safety zones established by sh UN peacekeeping practices from such sources of pollution.
neutral states in the exclusive eco- as a role model for sustainable. However, the universal regulatory
nomic zone and on the continental According to Article 207 of UN- framework with reference to ma-
shelf.43 Therefore, it is necessary to CLOS, countries are obliged to ritime pollution monitoring and
outline, without any presumption prevent, reduce and control pol- control powers is outlined through
of exhaustiveness due to the com- lution of the marine environment a division of emission monitoring
plexity of the subject matter and for from land-based sources, inclu- and enforcement tasks by the co-
limiting reasons, the regulations ding rivers, estuaries, pipelines astal state, flag state and port sta-
related to marine pollution subsi- and outfall structures as well as te. The latter is granted the right
sting in different marine areas. It pollution by dumping. Also in re- to open an investigation against a
is worth noting that environmental lation to transboundary pollution, ship and/or to initiate proceedin-
issues in the mission are normal- the UNCLOS convention provides gs when it, being voluntarily (and
ly “subject to the laws and regu- for a general obligation of pre- therefore not in the case of force
lations [of the host State] gover- vention and control.44 Thus, these majeure) in one of its ports or at
ning the environment in general provisions provide that the pollu- an installation, is responsible for
or those governing specific topics ting country has the responsibility an infringement and “economic
such as health, nature and natural to control land-based pollution. A damage in respect of any dischar-
resources, wildlife conservation, general rule that certainly could ge discharged of that ship outside
forestry, freshwater, coastal zone also find application in the event the internal waters, territorial sea
management or toxic and hazar- that the state is faced with internal or exclusive economic zone of the
dous substances. According to crisis situations and subsequent State itself.”45 To the flag state, on
the Model Status of Forces Agree- deployment of multidimensional the other hand, are devolved the
ment for Peacekeeping Operations peacekeeping operations. Simi- tasks of investigation, irrespective
(SOFA) “UN peacekeeping opera- larly, enforcement involving land of where the violation occurred, as
tion and its members shall com- and air pollution is up to indivi- well as the allocation of the nature
ply with all local laws and regula- dual countries, which are requi- (custodial or pecuniary) and extent
tions”. In the absence of national red to “adopt laws and regulations of the penalty itself” with regard to
laws and regulations governing ... to prevent, reduce and control vessels flying its flag or vessels or
relevant environmental issues, in- such pollution. States must also aircraft of its registry”.46 Responsi-
ternational obligations under in- control pollution derived directly bility for the prevention and sup-
ternational environmental treaties or indirectly from activities related pression of marine pollution from
to which the host country is a party “with seabed activities subject to ships lies with the coastal state wi-
will provide the standards of con- their jurisdiction and from artificial thin the territorial waters or EEZ.
duct to be observed by the mission. islands, installations and structures Failure to comply with these con-

36

ditions legitimizes the exercise of have transferred their competence Administration, which was for all
police powers by the coastal state for the maintenance of internatio- intents and purposes a UN protec-
(UNCLOS, 220), which, where evi- nal peace and security to the U.N, torate, involved patrolling the ter-
dence of the offence exists, may de- it is arguable that UNSC can tem- ritorial sea or for the protection of
tain and seize the ship. In the event porarily inherit and exercise rights the offshore resources of a State
that the release of the detained and responsibilities under the UN- that was waiting to be administe-
ship does not occur promptly, Flag CLOS Territorial Sea regime throu- red by the UN but had no structu-
State may refer the matter of lifting gh interim administration over both ral capacity to do it and protect
the detention to any court or tribu- land and sea territory. UN has, in these marine resources or to mo-
nal designated by agreement with fact, exercised different forms of nitor activities in its nascent-territo-
the coastal state.47 In the absence temporary authority in an integra- rial sea. Further, an effective (if not
of agreement, the question can be tive manner. The UN transitional officially promulgated) regime of
deferred to a court whose jurisdi- administrations draw their autho- maritime zones around East Timor
ction has been previously accepted rity from the functional authority of underpinned UNTAET’s capacity
by the detaining state (UNCLOS, the Security Council, and its man- to negotiate with States on issues
art. 287) or to the International Tri- dates, to guarantee and ensure se- such as the oil and gas resources
bunal for the Law of the Sea. Coa- curity acting act for and on behalf of the Timor Gap, which presumed
stal state is also entitled to powers of the territories and peoples they an EEZ-designate and Continen-
of intervention outside its territo- administer- particularly through tal Shelf-designate.49 In turn, this
rial waters to prevent significant the powers accorded the UNSC imposed upon the UN transitional
pollution damage to its coastline under Chapter VII of the UN Char- administration the duty to protect
and adjacent marine areas from ter. These powers include any ‘me- and promote the territorial inte-
a maritime casualty occurring on asures’ that the UNSC believes ne- grity, resources and future sustai-
the high seas. However, although cessary to stabilize a situation and nable development. With regard
warships and ships in government restore international peace and se- to the designated territorial sea,
service, being endowed with sove- curity. Its scope is to provisionally this duty may involve negotiating
reign immunity, are fully exempted exercise the power of government treaties for resource and seaflo-
from compliance with international over the territory including tempo- or management, ensuring mariti-
environmental protection regula- rary ‘control’ over the designated me security in the terms discussed
tions (UNCLOS 236), the flag state territorial sea, and other functional in the preceding paragraphs, or
must still ensure that compliance sea areas. This has been evident in patrolling and protecting the futu-
with environmental regulations is UN-NATO mission the Serbian-Ko- re State’s fisheries. However, “this
equally ensured through the adop- sovo affair or in the Northern Iraq duty to assist could also extend to
tion of appropriate measures that no-fly zone and Kurdish humani- requiring the UN to undertake (or
do not diminish their operatio- tarian operation. From a genuine sub-contract out) Territorial Sea
nal capacity. Similar exemption is maritime perspective, it is possible obligations such as maritime sear-
provided by MARPOL Convention refer to the UNTAC48 mandate in ch and rescue, hydrographic sur-
which deals with the prohibition of Cambodia and its program of co- veying, and pollution response on
discharging pollutants into the sea. astal and river patrols undertaken behalf of the state-in-waiting du-
In the context of the universality of in order to eliminate arms smug- ring the transitional period”.50 In
the UN, there is no territorial re- gling. Another example is the na- the case of internal waters, even
strictions on where it could act to val assistance required by UN in if in direct communication with the
maintain ‘international peace and the UNTAET Mission context whose sea, they fall under the full soverei-
security’ also including and regu- area of operations included waters gnty of the State on a par with the
lating maritime spaces. Hence the- around East Timor extending out sovereignty it exercises over land.
se goals extends beyond the main- to twelve nautical miles from ba- The implementation of the above
land to also include the different selines understood as the designa- principles, the achievement of the
maritime areas, as been identified ted territorial sea of the State of Ti- goals set out in the 2030 Agenda
by international conventions. Gi- mor-Leste awaiting establishment. and other pertinent international
ven that UNCLOS’ member states The program of this Transitional Conventions requires the stren-

37

ENVIRONMENTAL PROTECTION

gthening of regional cooperation lution and the vital importance of in the missions should “know ful-
and coordination between relevant protecting marine ecosystems. The ly the principles and spirit of the
regional and sub-regional organi- goal is to promote the adoption of conventions” and a similar rule is
zations and programmes. Among such standards and to supervise its provided for in the DPKO/DFS en-
the operational efforts the disse- implementation and enforcement vironmental policy according to
mination of principles and rules of and so the logic is that knowledge which “all mission personnel and
law of the sea and of other spe- of the law is an essential condition non-UN personnel working for the

Source: Edoardo Bortoli Photographer for its effective implementation. mission” must receive the informa-
This operational instrument, taken tion and environmental objectives
cific convention addressing pollu- from the IHL, have to be carried of the mission: measures establi-
tion of sea and marine biological out not only by States, in this case shed in this regard as well as the
resources, particularly in those the contributing States, but also relevant procedures and measu-
States where the mission has a by other actors involved in armed res necessary to address environ-
mandate to ensure a return to the conflict or crisis situation included mental issues. To this end, every
rule of law, could represent an use- military and civilian component official member of the mission, in
ful and valid strategy in order to of the missions. Members of the all components of the mission, ci-
make institutions of the host State national contingents participating vilian, police and military, will be
acquire a greater critical aware- responsible for ensuring that their
ness of such events as ocean pol-

38

conduct in the mission complies Pollution of the marine environ- namics have shown that mainte-
with the environmental objectives, ment is a concept comprising two nance of peace at sea has evolved
any related instructions and opera- aspects: prevention of marine because recent threats, including
tional procedures of the mission. It pollution and protection of mari- actual environmental issues at sea,
is, therefore, a measure that provi- ne living resources. On the basis required international effective and
des preventive mechanisms for the of this twofold aspect, the present immediate response. In the light of
application of both environmental analysis aimed to provide a com- the growing attention towards en-
plete prevention framework for vironmental protection and the va-
and humanitarian law, that is in- the protection of the marine envi- rious threats affecting the environ-
dicating that actors and persons ronment from pollution to be im- ment and ecosystems, including
involved in the conflict are well plemented and enforced during the marine one, what is recogni-
aware of the extent of their obli- peace operations trying to ensure zed could be the need to develop
gations under international law. that their interventions are appro- a specific task force or eminently
The purpose of these instruments priate, effective and cost-efficient. maritime peace operations ad hoc,
is to ensure that key environmental Gradually adopting the principle conducted by the United Nations,
conflicts are identified early in the of the need to protect the environ- in order to protect the waters of the
mission planning process and to ment as a legal asset to be preser- sea. These operations, undertaken
facilitate the minimization of envi- ved, military action has in recent under the UN flag and employing
ronmental impacts on the ground. years based P.O. on the need both specific naval forces composed of
to reduce environmental impact ships which are suitable to the con-
and on the priority of promoting text of the situation, have the basic
actions to restore and protect na- objective of guaranteeing not only
tural resources in order to improve the typical safety of navigation in
the living conditions of countries in those areas particularly prone to
the post-conflict phase. Territory of piracy but specifically they should
the host State to be understood in be operations committed to the
the broadest sense to include also protection of marine resources.
some marine spaces where the Sta- Previously established as an in-
te exercises its sovereignty. In this tegral part of the UN system and
perspective, the protection of the characterized by specific person-
seas and oceans must also be an nel, these sea peace operations
area of primary importance in the will have the purpose of protecting
peace-missions conducted by dif- those marine protected areas and
ferent international organizations, coral reefs as well as the oceans if
constituting an integral part of the the need and urgency to respond
peace agreements but also an ele- immediately to facing accidents
ment of the political agenda of the or disasters that could compromi-
countries hosting the mission, whi- se these ecosystems and related
ch are committed, with the support resources. Think, for example, of
of the mission itself, to implemen- the natural disasters caused by the
ting measures aimed at improving spillage of oil or fuels into the sea,
the environment and the mari- sinking oil tankers, cargoes that
ne ecosystem. In this case several burn, releasing various substances
Conventions, and UNCLOS in par- into the water, accidents on pla-
ticular, establish a comprehensive tforms, barrels dumped into the
legal framework recognizing the sea. Ensuring safety have steadily
U.N. the leading role to act on and progressed, has practically never
protect the sea, assuring security stopped and require special atten-
and preserving the peaceful use of tion. Often the response to these
the sea. Current international dy- events is slow or not adequately ef-

39

ENVIRONMENTAL PROTECTION

fective with respect to the problem peaceful use of the sea. However, the definition adopted by the Joint Group of
and the need for protection. The a path that could prove to be vir- Experts on the Scientific Aspects of Marine En-
Brahimi Report noted that some si- tuous in this field does not end vironmental Protection (GESAMP).This defini-
tuations require urgent action, and only with the simple respect of in- tion is quite similar to those under Article 1(4)
that it is not always possible to wait ternational conventions on envi- of the 1996 Protocol to the London Dumping
for the international formalization ronmental matters ratified by the Convention, 1972, which states that: “Pollu-
of hosting states and contributor States and the observance of the tion means the introduction, by man, directly
states. In this sense, the aforemen- regulations contained therein, but or indirectly, by human activity, of wastes or
tioned peace operations will be also requires a strong coopera- other matter into the sea which results or is
able to provide a significant and tion of numerous governments, likely to result in such deleterious effects as
above all rapid contribution with including there are serious disa- harm to living resources and marine ecosy-
respect to environmental vicissitu- greements on important points of stems, hazards to human health, hindrance to
des to guarantee safety and good environmental policy, prompting marine activities, including fishing and other
order which also includes the envi- countries reluctant to sign up to legitimate uses of the sea, impairment of qua-
ronmental component. In the me- environmental treaties. A coo- lity for use of sea water and reduction of ame-
antime, however, rapid response peration that must not be limited nities”. In addition, many marine environment
plans for such emergencies must only between States and betwe- protection conventions include a pollution
also be prepared by identifying the en States and international orga- definition drafted on the basis of the GESAMP
necessary technical and personnel nizations, but above all between definition, see: Art.2(1) 1974 Helsinki Con-
support. The UN and relevant in- states and individuals and private vention; Art 1(a)1976 Barcelona Convention;
ternational organizations, inclu- entities very often responsible for Art.1(d)OSPAR Convention.
ding the IMO, must ensure that environmental disasters deriving 9 Birnie, P., Boyel, A., Redgwell, C., Interna-
plans are implemented and that from the exercise of their activities. tional law and the environment, Third Edition,
the necessary skills and equipment Oxford University Press Inc., New York, 2009,
are available to respond quickly to note p. 383 .
any disaster. In this context there is 10 See Principle 7 of the Stockholm Conferen-
also a greater legal and sanctio- 1 Monitoring the monitors studying the Ukrai- ce (States shall take all possible steps to pre-
ning incision, to push the States ne conflict’s environmental impact, December vent pollution of the seas by substances that
parties to respect the legal fra- 22,2017, Conflict and Environment Observa- are liable to create hazards to human health,
mework and the various measu- tory, https://ceobs.org/monitoring-the-moni- to harm living resources and marine life, to
res and provisions, especially the tors-studying-the-ukraine-conflicts-environ- damage amenities or to interfere with other
preventive ones, included in the mental-impact/; Cfr, Organization for Security legitimate uses of the sea); Principle 21(Sta-
various international conventions and Co-operation in Europe, Environmental tes must ensure, in exercising their sovereign
on environmental matters. Provi- Assessment right to exploit their resources, that activity wi-
sions that must also be respected and Recovery Priorities for eastern Ukraine, thin their jurisdiction or controls do not cause
during the conduct of the same OSCE, Kyiv, 2017. damage to the environment of other States or
peace operations in the territory of of areas beyond the limits of national jurisdi-
the host State. The timely deploy- 2 UN Environment Programme, Desk study on ction).
ment of specific operation at sea the environment in the Occupied Palestinian 11 UNEP, From Conflict to Peacebuilding, The
by the international community in Territories, Geneva, UNEP, 2003, p.9-10. Role of Natural Resources and the Environ-
such events may become a model 3 United Nations Environmental Programme, ment, United Nations Environment Program-
for the protection of the seas. In From conflict to peacebuilding, The role of na- me Nairobi, Kenya, February 2009, p.10.
addition, as it has previously and tural resources and the environment, Nairobi, 12 United Nations, Report of the Secre-
widely analyzed above, the use of Kenya, UNEP, 2009, p.5. tary-General on peace building in the imme-
maritime forces as an integrating 4 United Nations Conference on Environment diate aftermath of conflict, General Assembly
part of UN peace operations may and Development, Principle 25, Report of the Sixty-third session, Security Council Sixty-four-
represent a significant element to United Nations Conference on Environment th year, Agenda items 10, 101, 107 and 112,
prevent, manage and solve a con- and Development (Rio de Janeiro, 3-14 June A/63/881–S/2009/304, New York,11 June
flict and it would be useful for the 1992), General Assembly A/CONF.151/26 2009.
(Vol. I), August 12, 1992. 13 UNEP, Greening the Blue Helmets: Environ-
5 Ibidem. ment, Natural Resources and UN Peacekee-
6 See UNGA, Resolution 64/71, Oceans and ping Operations, 2012, pp.14,15.
the law of the sea, A/RES/64/71, Sixty-fourth 14 In this case, reference is made to Articles
session, adopted on 4 December 2009. 62, 69 and 70 of the UNCLOS which deal with
7 OECD, Recommendation of the Council on utilization of the living resources and stocks
Principles concerning Transfrontier Pollution, occurring within the exclusive economic zones
OECD/LEGAL/0133, Adopted on November of two or more coastal States or both within
11, 1974, Title B. the exclusive economic zone and in an area
8 See art. 1(4), United Nations Convention on beyond and adjacent to it.
the Law of the Sea, U.N. Doc. A/CONF.62/122 15 Reference to vital human needs to which
(1982), (hereinafter UNCLOS). This is also special regard should be given in the event
of a conflict between uses of an internatio-
nal watercourse could be found in Article 10,
para.2 of the 1997 Convention on the Law of
the Non-navigational Uses of International
Watercourses.
16 UNEP, Partow, H, The Mesopotamian Mar-
shlands:Demise of an Ecosystem, Early War-
ning and Assessment Technical Report, UNEP/

40

DEWA/TR.01-3 Rev. 1 Division of Early War- rity and the Law of the Sea, Help or Hindran- Antimo Altomare
ning and Assessment, United Nations Environ- ce?, Edward Elgar Publishing Limited, Chel- CoESPU Intern, Naples Federico II
ment Programme, Nairobi, Kenya, 2001. tenham, UK • Northampton, MA, USA, 2020. University, Rome SIOI
17 In this case, reference can be made to San 31 UNCLOS, See Articles 21, 22, 39, 42, 43,
Remo Manual on International Law Applicable 60, 147, 194, 225. Articles 212 and 222 refer
to Armed Conflicts at Sea, elaborated by In- to the safety of air navigation.
ternational Institute of Humanitarian Law in 32 See art.100,101, 105.
1994, Part III: Basic rules and target discrimi- 33 Article 192 UNCLOS.
nation, Section I:Basic Rules, para.44 which 34 It was adoption on 29 November 1969 and
establishes that: “Methods and means of war- entered into force: 19 June 1975.It has been
fare should be employed with due regard for replaced by 1992 Protocol which was adopted
the natural environment taking into account in November 1992; Entry into force: 30 May
the relevant rules of international law. Dama- 1996.
ge to or destruction of the natural environment 35 UNCLOS, Article 221 “Measures to avoid
not justified by military necessity and carried pollution arising from maritime casualties”.
out wantonly is prohibited”. 36 UNCLOS, Article 218 “Enforcement by port
18 To get more information on the topic refer States”.
to: UNEP, Haiti – Dominican Republic Environ- 37 The Constitution is the first in the world to
mental challenges in the border zone, United recognize legally enforceable Rights of Natu-
Nations Environment Programme P.O. Box re. Art.71 states that “Nature, or Pacha Mama,
30552, Nairobi, Kenya. where life is reproduced and occurs, has the
19 UNEP, Coastal Partners: Applying ecosy- right to integral respect for its existence and for
stem-based disaster risk reduction (Eco-DRR) the maintenance and regeneration of its life
through a ridge-to-reef approach in Port Salut, cycles, structure, functions and evolutionary
Haiti, United Nations Environment Program- processes. All persons, communities, peoples
me, 2016. and nations can call upon public authorities to
20 United Nations, Sustainable Development enforce the rights of nature.[…]The State shall
Goals, United Nations, New York. http://www. give incentives to natural persons and legal
un.org/sustainabledevelopment/oceans/ entities and to communities to protect nature
21 Cfr. Agenda 21, Chapter 17, Protection Of and to promote respect for all the elements
The Oceans, All Kinds Of Seas, Including En- comprising an ecosystem”.
closed And Semi-enclosed Seas, And Coastal 38 See Resolution 48/13, A/HRC/RES/48/13,
Areas And The Protection, Rational Use And adopted by UN Human Rights Council, 18 Oc-
Development Of Their Living Resources. tober 2021.
22 Goal 14, Target 14.c, 2030 Agenda 21. 39Ioane Teitiota v. New Zeland, CCPR/
23 Basel Convention on the Control of Tran- C/127/D/2728/2016, UN Human Rights
sboundary Movements of Hazardous Wastes Committee (HRC), 7th January 2020, par.9.5.
and Their Disposal, signed in 1989 and ente- 40 General comment No. 36 (2018) on article
red in force in 1992 ninety days after the ratifi- 6 of the International Covenant on Civil and
cation by at least 20 signatory states. Political Rights, on the right to life,para.26,53.
24 For example 1995 FAO Code of Conduct 41 Supra 1, par. 9.4
for Responsible Fisheries or 1985 Montreal
Guidelines for the Protection of the Marine En- 42 IIHL, Diritto internazionale applicabile ai Marina Bizzotto
vironment against Pollution from Land-based conflitti armati sul mare - Manuale di Sanre-
Sources. mo, International Institute of Humanitarian CoESPU Police for Environmental,
25 For more information see: UN, United Na- Law, Sanremo, June 1994, Part I - General Forestry and Agricultural Protection
tions Sustainable Development Cooperation Provisions, Section IV. Chair
Framework (2021–2025), United Nations So- 43 Ivi, Part II-Zone of Operations, Section III.
malia, October 2020. 44 UNCLOS, Art.212.
26 Klein, N., Maritime Security and the Law of 45 Ivi, Artt.216,218.
the Sea, Oxford Monographs in International 46 Ivi, Artt.216,217.
Law, Oxford University Press, New York, 2011, 47 Ivi,UNCLOS, 292.1
p.7. 48United Nations Transitional Authority in
27 UNSC, Security Council Resolution 728 Cambodia (February 1992 - September 1993).
(1992), 8 January 1992, S/RES/728 (1992). The mandate given to UNTAC included aspects
28 Klein, N., Maritime Security and the Law of relating to human rights, the organization and
the Sea, note supra 1,p.8. For an in-depth stu- conduct of free and fair general elections, mi-
dy of maritime security and the international litary arrangements, civil administration, the
law of the sea, see also Evans,M.,D., Galani, maintenance of law and order, the repatriation
S., Maritime Security and the Law of the Sea, and resettlement of the Cambodian refugees
Help or Hindrance?, Edward Elgar Publishing and displaced persons and the rehabilitation
Limited, Cheltenham, UK • Northampton, MA, of essential Cambodian infrastructure during
USA, 2020. the transitional period.
29 Bueger, C., What is Maritime Security?, 49 McLaughlin, R., United Nations naval pe-
Forthcoming in Marine Policy, 2015. Avai- ace operations in the territorial sea, Marti-
lable at the following link: http://bueger. nus Nijhoff Publishers, Leiden-Boston, 2009,
info/wp-content/uploads/2014/12/Bue- p.165.
ger-2014-What-is-Maritime-Security-final.pdf 50 Ivi, p.166.
30 Cfr. Evans,M.,D., Galani, S., Maritime Secu-

41

ENVIRONMENTAL PROTECTION

ENVIRONMENTAL CONSIDERATIONS

INTO CIVILIAN CSDP MISSIONS

Integrating climate security and Source:https://www.americanprogress.org/wp-content/uploads/2021/06/GettyImages-473127956-cropped.jpg
environmental considerations
into civilian CSDP missions: From Background 2009 European Security Strategy
policy to practice For a number of years, the EU addresses the topic in more len-
has increasingly recognised the gth and notes that natural disa-
by Johanna Lauritsen links between environmental de- sters, environmental degradation
gradation and potential conflict, and resource competition can ag-
Abstract particularly in volatile countries gravate conflicts and lead to hu-
with weak institutions and high manitarian, health, political and
This article gives a brief overview dependencies on local natural re- security implications. In particular
sources. Although the links betwe- in situations of poverty and incre-
of some of the EU policy docu- en a deteriorating environmental asing populations. The strategy
ments that identify climate chan- situation, on the one hand, and also acknowledges that climate
ge and other forms of environ- an intensification of conflict, on change can lead to disagreements
mental degradation as a security the other hand, most often are over trade routes, maritime zones
concern. In the context of civilian non-linear and indirect, environ- and resources that were previously
Common Security and Defence mental degradation and clima- inaccessible.2 The 2016 EU Glo-
Policy (CSDP) missions, the ar- te change can function as thre- bal Strategy,3 the 2019 European
ticle further highlights how the at multipliers in certain contexts. Green Deal4 and the 2022 Strate-
EU currently aims to mainstream These linkages are addressed in gic Compass have more recently
and practically implement these number of policy documents. The all addressed environmental de-
aspects into internal and external 2003 European Security Strate- gradation as a security concern.5,6
mission activities. This article focu- gy notes that global warming will Acknowledging the security impli-
ses on the civilian CSDP missions, intensify the competition over na- cations that may arise from global
leaving the military missions aside. tural resources, particularly water, warming and environmental de-
and is likely to cause additional gradation, the Council agreed on
turbulence and migratory mo- the Climate Change and Defence
vements in certain regions.1 The Roadmap in late 2020.7 Given

42

that the European CSDP missions operational deliverables relating to data, the reporting will give a first
operate in theatres increasingly af- environmental and climate aspects, overview of the missions’ carbon
fected by such risks, the roadmap when suitable, in particular in re- footprint,10 energy use, water use
demands the integration of envi- lation to environmental crimes. and wastewater generation, waste,
ronmental and climate aspects into Different from the UN structure, use of material resources as well
the civilian CSDP missions and de- the one and same environmen- as effects on effects on biodiver-
fines several activities for the suc- tal advisor is tasked to work with sity and surrounding ecosystems
cessful mainstreaming of the topic. both internal and external aspects that arise from mission operations.
One immediate to short-term goal of environmental mainstreaming. Where quantitative data is missing,
it will be re-
is to develop standard
“THE 2009 EUROPEAN SECURITY STRATEGY AD- placed by
operating procedure qualitative
and operational gui- DRESSES THE TOPIC IN MORE LENGTH AND NOTES descriptions.
delines for integrating THAT NATURAL DISASTERS, ENVIRONMENTAL DE- Data col-
environment and cli-
mate considerations GRADATION AND RESOURCE COMPETITION CAN lection and
AGGRAVATE CONFLICTS AND LEAD TO HUMANITA- r e p o r t i n g
into CSDP missions. will most
One medium-term RIAN, HEALTH, POLITICAL AND SECURITY IMPLICA- likely beco-
action is to have en- TIONS. IN PARTICULAR IN SITUATIONS OF POVERTY me easier
vironmental advisors
as a standard position AND INCREASING POPULATIONS” over time.

in all CSDP missions. Duty of care

Progress this far on the practical Environmental footprint reporting WHO assesses that climate chan-
implementation of environmen- As EU instruments and represen- ge has become the single big-
tal and climate considerations tatives abroad, civilian CSDP mis- gest health threat facing humanity
sions shall demonstrate strong with exposures to extreme weather
into civilian CSDP missions
commitment to the Paris Climate events, heat, air pollution, poor

Operational guidelines Agreement, the Sustainable Deve- and limited water quality and vec-

In the first half of 2022, the first set lopment Goals (SDGs) and strive tors that carry diseases.11 While
of operational guidelines for inte- towards climate-neutrality by 2050 medical staff carry the overarching
grating environmental and climate in line with the goals set under the responsibility for medical and he-
aspects into civilian CSDP missions European Green Deal, without alth issues in civilian CSDP mis-
was authored and launched.8 The comprising on security, the mission sions, environmental advisors shall
document was a joint effort by the mandate or duty of care. Environ- upon request be available to provi-
Civilian Planning and Conduct mental footprint reporting is a first de technical assistance on measu-
Capability (CPCC), at the Europe- step in this direction and the Strate- rements and mitigation solutions.
an External Action Service (EEAS), gic Compass demands all missions This may include measuring of air
and the missions, and it provides to report on their environmental pollution and water quality as well
guidance concerning both internal footprint no later than 2025.9 The as monitoring heat and noise pol-
and external aspects of mission operational guidelines set a first lution. In 2022, CPCC lent equi-
operations. The internal dimension framework for both environmen- pment to measure air pollution
includes environmental footprint tal footprint reporting and an en- in one mission, in the light of lo-
reporting, duty of care and inter- vironmental management system cal burning practices that resulted
nal awareness raising, while the and the missions in the Central in nuisance for mission members.
external dimension covers analysis African Republic (CAR), Mali and
and situational awareness of en- Somalia are currently conducting In mission awareness-raising
vironment-related security risks in pilot reporting. The mission in Ge- To raise awareness, environmen-
the host country. Such analysis can orgia conducted a first report alre- tal advisors are tasked to provi-
assist in defining entry-points for ady in 2021. Although challenged de in-house trainings and awa-
mission engagement and shape by the difficulty to find quantitative reness-raising on environmental

43

ENVIRONMENTAL PROTECTION

issues to their fellow mission mem- “AS EU INSTRUMENTS AND REPRESENTATIVES ABRO-
bers. In addition to this, environ- AD, CIVILIAN CSDP MISSIONS SHALL DEMONSTRA-
mental advisors and environmen- TE STRONG COMMITMENT TO THE PARIS CLIMATE
tal focal points, which are present AGREEMENT, THE SUSTAINABLE DEVELOPMENT GO-
in all missions, regularly participa- ALS (SDGS) AND STRIVE TOWARDS CLIMATE-NEU-
te in cross-mission seminars co-or- TRALITY BY 2050”
dinated by CPCC. These seminars
and meetings provide an oppor- fy entry-points for potential enga- fourth most lucrative criminal acti-
tunity to inspire and to share best gements. This far, three missions vity in the world. The combination
practice between missions. During have conducted such analysis. Gi- of high profits and weak law en-
2022, two of the seminars have ad- ven that civilian CSDP mission are forcement responses attracts or-
dressed sustainable public procu- acting within the security sector and ganised crime groups, but also
rement and environmental crime. already engage with internal law non-state armed groups and ter-
enforcement actors in the country rorist networks increasingly thri-
Situational awareness: Environ- of operation, capacity-building on ve on the exploitation of natu-
ment related security risks environmental crime is one impor- ral resources.12 Besides feeding
To enhance situational awareness tant area for potential activities. threat actors with finance, these
and identify possible entry-points crimes may reduce state opportu-
for mission engagement, missions Environmental crime nities to make sustainable use of
are asked to map environment Environmental crime covers a bro- their own natural resources and
and natural-hazards, societal vul- ad spectrum of criminal activities generate revenue. Environmen-
nerability and adaptive capacity in including wildlife crime, illegal fi- tal crime may cause biodiversity
the context of operation and assess shing, illegal logging, illegal mi- loss, pollution and enhanced risks
how these factors may impact the ning and pollution crime. It is the of climate warming, with negati-
security situation. Based on such
analysis, the missions can identi-

Source: Edoardo Bortoli Photographer

44

ve effects for societal well-being colleagues through trainings and 7 EEAS, Climate Change and Defence Road-
and planetary health. This far, it is ongoing dialogues. Sustainability map, November 2020, https://data.consilium.
mainly EUPOL COPPS that provi- guidance must also be incorpora- europa.eu/doc/document/ST-12741-2020-I-
des capacity-building on environ- ted in a number of steering docu- NIT/en/pdf [accessed 9 December 2022]
mental crime, but some additional ments and frameworks, including 8 EEAS, Operational Guidelines for integrating
missions are currently enhancing on procurement, real estate and environmental and climate aspect into civilian
their efforts to engage in this area. finance. Given the variation in ge- Common and Defence Policy missions, June
The operational guidelines sug- ographical and societal settings, 2022
gest that missions perform a map- in which civilian CSDP missions 9 Council of the European Union, March
ping and needs analysis to inform operate, environmental conside- 2022, ibid.
the planning of any capacity-bu- rations also need to be applied 10 The carbon footprint will follow the Gre-
ilding on environmental crime. in a flexible and context-sensi- enhouse Gas Protocol (GHGP), https://gh-
tive manner. While the challen- gprotocol.org/ [accessed 9 December 2022]
Environmental advisors and en- ges may be many, the direction is 11 WHO, Climate change and health, 21 Oc-
vironmental focal point network clear and the expectations from tober 2021, https://www.who.int/news-room/
The Strategic Compass13 calls for member-states are there to fulfil. fact-sheets/detail/climate-change-and-health
all missions to have and environ- [accessed 9 December 2022]
mental advisor no later than 2025. note 12 UNEP-INTERPOL, The rise of environmen-
In December 2022, there are two tal crime, A growing threat to natural re-
environmental advisors deployed 1 Council of the European Union, European sources, peace, development and security: a
with an additional advisor star- Security Strategy, 8 December 2003, https:// UNEP-INTERPOL rapid response assessment,
ting in early 2023. During 2022, data.consilium.europa.eu/doc/document/ST- 2016, https://wedocs.unep.org/bitstream/
two additional missions have be- 15895-2003-INIT/en/pdf [accessed 9 Decem- handle/20.500.11822/7662/-The_rise_of_en-
nefitted from having an environ- ber 2022] vironmental_crime_A_growing_threat_to_na-
mental advisor, one in form of a 2 Council of the European Union, Europe- tural_resources_peace,_development_and_
short-term visiting expert and the an Security Strategy – A Secure Europe in a security-2016environmental_crimes.pdf.
other in form of a permanent po- Better World, 2009, https://www.consilium. pdf?sequence=3&amp%3BisAllowed= [acces-
sition that eventually was cut due europa.eu/en/documents-publications/publi- sed 9 December 2022]
to budgetary constraints. All mis- cations/european-security-strategy-secure-eu- 13 Council of the European Union, March
sions have an environmental fo- rope-better-world/ [accessed 9 December 2022, ibid.
cal-point, which is either the en- 2022]
vironmental advisor or, in lack of 3 EEAS, Shared Vision, Common Action: A Johanna Lauritsen
an advisor, another staff member Stronger Europe - A Global Strategy for the Environmental Coordinator
that engage in the cross-mission European Union’s Foreign And Security Policy, Coordination and Horizontal Affairs
exchanges on environment related June 2016, https://www.eeas.europa.eu/si- (CPCC.1)
topics, when needed. The network tes/default/files/eugs_review_web_0.pdf [ac- Europan External Action Service (EEAS)
of environmental focal points was cessed 9 December 2022]
launched in the spring of 2021. 4 European Commission, The European Green
Deal, 11 December 2019, https://eur-lex.eu-
Reflections on the work ahead ropa.eu/legal-content/EN/TXT/?uri=CELEX:-
One challenge of integrating en- 52019DC0640 [accessed 9 December 2022]
vironmental considerations into 5 Council of the European Union, A Strategic
civilian CSDP missions is the bro- Compass for Security and Defence - For a Eu-
ad scope of the work. To achie- ropean Union that protects its citizens, values
ve true mainstreaming and reach and interests and contributes to international
long-term results, one cannot tre- peace and security, March 2022, https://data.
at environmental considerations consilium.europa.eu/doc/document/ST-7371-
in an isolated manner. Awareness 2022-INIT/en/pdf [accessed 9 December
and knowledge need to be spread 2022]
to different mission members and 6 Other interesting documents include Europe-
an Commission, A Strategic Approach to Resi-
lience in the EU’s external action, June 2017;
European Commission, Forging a climate-resi-
lient Europe - the new EU Strategy on Adapta-
tion to Climate Change, February 2021; and
European Commission,
EU Biodiversity Strategy for 2030 – Bringing
nature back into our lives; May 2020

45

INTEARRNOSHUIPNREDSETAHRECWH ROESRULLDTS



INTERNSHIP RESEARCH RESULTS

PROTECTION OF THE ENVIRONMENT
IN ARMED CONFLICTS

The Protection of the Environ- V.The normative value of the two The two have respectively drawn
ment in armed conflicts (PERAC) documents up draft principles and guidelines
Paragraph 3- Examples of military for improving environmental pro-
by Lorenzo Marchionni manuals and national practices tection in armed conflicts. Finally,
I.The Manual of the Law of Armed examples of military manuals whi-
Paragraph 1- The Interna- Conflict of Australia (2006) ch have been supplemented with
tional Law Commission (ILC) II.Law of Armed Conflict-Manual environmental protection stan-
and the International Com- of Germany (2013) dards are taken into consideration.
mittee of the Red Cross (ICRC) III.The Operational Law Handbo-
I.Brief description of ILC ok of United States Army (2015) Paragraph 1- The International
II.Brief description of ICRC Law Commission (ILC) and the
III.References to the ILC Draft prin- Conclusion International Committee of Red
ciples and ICRC Guidelines about Bibliography Cross (ICRC)
PERAC Sitography
Paragraph 2- Analysis and com- Relevant documents I.Brief description of ILC
parison between the ILC Draft UN Documents The International Law Commis-
principles and ICRC Guidelines sion was established by UN Ge-
I.The structure of the two docu- Introduction neral Assembly Resolution 174
ments In this report, environmental pro- of 21 November 19471 and is a
II.The definition of environment tection is analyzed, focusing on permanent subsidiary organ of
III.The lack of distinction between the phase in which the conflict is United Nations. According to arti-
international armed conflict (IAC) ongoing. In particular, the Inter- cle 1 of its Statute, ILC’s object is
and non-international armed con- national Law Commission and the promotion of the progressive
flict (NIAC) the International Committee of development of international law
IV.The non-state actors the Red Cross are considered as and its codification.2 Furthermo-
well as their work on the subject. re the Commission shall concern
itself primarily with public inter-

48

national law, but is not precluded are then presented to the assem- and dignity of victims of war and
from entering the field of private bly and can be sent to the Drafting other situations of violence and to
international law.3 It is composed Committee with the relevant mo- provide them with assistance. Mo-
of 34 international law experts.4 difications. Based on the report of reover, ICRC endeavours to pre-
When the ILC considers that the the Drafting Committee, draft ar- vent suffering by promoting and
codification of a particular topic ticles, principles or resolutions are strengthening humanitarian law
is necessary and desirable, it shall further debated before being pre- and universal humanitarian prin-
submit its recommendations to the sented to the plenary assembly of ciples. It was established in Gene-
UN General Assembly5 and once the ILC. Finally, a complete set of va in 1863 in response to a pro-
a topic is selected it is appointed draft articles or principles, along posal made by a Swiss citizen of
a Special Rapporteur. With respect with commentaries, is provisional- Geneva, Henry Dunant. In 1859,
to the identified topic, the Special ly adopted on first reading by the Dunant happened to witness the
Rapporteur must examine state assembly. A second reading is then aftermath of the Battle of Solferino
doctrine and practice, understand held for final adoption, and since in Northern Italy, one of the blo-
whether there is agreement or di- 1959 the International Law Com- odiest battles of the 19th century.
sagreement in doctrine, and as- mission has allowed a one-year Dunant was deeply shocked by the
sess the adequacy of existing sta- interval between the completion of absence of any organized medical
te practice. Afterwards he/she will the first reading and the beginning care for the wounded and dying
proceed with the presentation of of the second. During that time, soldiers and he proposed the crea-
a preliminary report and an ap- states have the opportunity to stu- tion of an organization to address
this shortcoming.
propriate work
plan. The report “THE INTERNATIONAL COMMITTEE OF THE RED Afterwards was
must be presen- established the In-
ted to the Com- CROSS (ICRC) IS AN IMPARTIAL, NEUTRAL AND IN- ternational Com-
mission plenary DEPENDENT ORGANIZATION WHOSE EXCLUSIVELY mittee for Relief
assembly and, at
HUMANITARIAN MISSION IS TO PROTECT THE LIVES to the Wounded,
the end of the di- AND DIGNITY OF VICTIMS OF WAR AND OTHER SI- composed of Ge-
scussion, the Spe- neva citizens and
cial Rapporteur TUATIONS OF VIOLENCE AND TO PROVIDE THEM later re-named
identifies poin- WITH ASSISTANCE“ the International

ts of agreement Committee of the

and disagreement on the various dy the work and submit commen- Red Cross.9 Normally, the applica-
proposals. Although his/her com- ts.7 The ILC then submits its work tion of international humanitarian
ments are not binding, the mem- to the UN General Assembly and law by the belligerents should take
bers of the ILC, and in particular may recommend the form in whi- place with the help of the Protecting
the Drafting Committee, give con- ch its work can be adopted.8 Thus, Powers, i.e. the neutral states spe-
siderable weight to the proposals it may recommend that the Gene- cifically designated by the parties
of the Special Rapporteur.6 Once ral Assembly convene a conferen- to the conflict. However, practice
the debate in the plenary assem- ce for the purpose of a multilateral shows that this mechanism rarely
bly on the reports presented by convention, or it may recommend works and often, in the absence
the Special Rapporteur is over, the that no action be taken, that a re- of the designation of a Protecting
proposals that have obtained suf- solution will be adopted, or that Power, the function of control on
ficient consensus are submitted to the final result will simply be noted. the application of humanitarian
law is entrusted to the Internatio-
the Drafting Committee for review.
Conversely, proposals that have II.Brief description of ICRC nal Committee of the Red Cross.10

not achieved sufficient consen- The International Committee of the Furthermore the ICRC works to
sus are reviewed and refined by a Red Cross (ICRC) is an impartial, ensure that parties to an armed
working group, specially appoin- neutral and independent organi- conflict respect their commitments
ted by the plenary assembly. The zation whose exclusively humani- under international humanitarian
conclusions of the working group tarian mission is to protect the lives law, in particular with regard to

49

INTERNSHIP RESEARCH RESULTS

prisoners of war, civilians in deten- cy, a unit at ICRC’s headquarters, humanitarian law during armed
tion, inhabitants of occupied terri- organizes this activity and centra- conflicts. To this end, it is required
tories, displaced persons, and the lizes the information. Moreover, in to intervene if it becomes aware of
civilian population in general. For territories where armed conflicts serious violations of humanitarian
the ICRC to be able to perform this take place, the civilian population law. In particular, it must take all
task, its delegates must be permit- should be assisted by the bellige- necessary measures to put an end
ted by the parties to the conflict to rent parties. Nevertheless, if these to ongoing violations and restore
visit all places where prisoners are parties are unable to provide as- the belligerents’ respect for huma-
held. In this way they can verify sistance, the ICRC can intervene, nitarian norms. ICRC delegates
their health conditions and the re- distributing water, food and medi- seek to have a direct and confiden-
spect of humanitarian obligations cal care. In this regard, the ICRC tial dialogue with the authorities of
by the belligerents. The ICRC also coordinates its activities and coo- the parties to the conflict, and the
plays a privileged role in the sear- perates actively with relevant in- various governments appreciate
ch for missing persons and in reu- ternational organizations, particu- the fact that the meetings are di-
niting families separated as a con- larly the United Nations Office for stinguished by their confidentia-
sequence of the hostilities. It is one the Coordination of Humanitarian lity. However, if the measures ta-
of the important tasks of its dele- Affairs (OCHA) and the European ken in confidence do not lead to
gates in the field to do everything Commission’s Humanitarian Aid a halt in the violations, the ICRC
necessary to re-establish family and Civil Protection department. may voice its concerns to the inter-
links and favours direct contact Having said that, the main task of national community and this act
between detainees and their fa- the International Committee of the is known as “humanitarian mobi-
milies. The Central Tracing Agen- Red Cross is to ensure respect for lization”. In conclusion, the ICRC

50