Underlying crimes Clause Samples

Underlying crimes. The provisions on war crimes in the Rome Statute place little emphasis on protecting the environment. There is one war crime, set out in article 8(2)(b)(iv), which explicitly addresses harm to the environment, but that provision only applies in international armed conflicts, and is subject to highly restrictive requirements, as discussed in detail in a later section of this chapter.355 In the context of non-international armed conflicts, the coverage is even sparser. There is no provision corresponding to article 8(2)(b)(iv) and no other mention of the environment in the war crimes provisions (or in the Statute for that matter). In otherwise omitting to address the environment, article 8 of the Rome Statute reflects the broader orientation of international humanitarian law towards anthropocentric, rather than eco-centric, interests. For example, the United Nations Secretary-General observed that article 3 common to the Geneva Conventions of 1949 (which is reflected in article 8(2)(c) of the Rome Statute applicable to non-international armed conflicts) “does not say anything about protecting the environment during civil wars; it addresses only humanitarian issues in the strictest sense”.356 Similarly, Additional Protocol II (which is the source of many of the prohibitions set out in article 8(2)(e) of the Rome Statute) “contains no provisions relating explicitly to the environment”.357 Nonetheless, there are several war crimes prohibitions in the Rome Statute that are indirectly relevant to environmental harm. Several prohibitions, like wilful killing358 and murder,359 inhuman treatment,360 wilfully causing great suffering, or serious injury to body or health,361 cruel treatment,362 and unlawful deportation or transfer,363 largely overlap with underlying 354 Rome Statute, article 8. 355 See below, discussion of article 8(2)(b)(iv) at Chapter II(D)(1). 356 Secretary-General Report 1993, p.8. 357 Secretary-General Report 1993, p.8. The Secretary-General added that articles 14 and 15 of Additional Protocol II are indirectly relevant to the environment, as they deal with objects indispensable to the survival of the civilian population, and works and installations containing dangerous forces, respectively.