THE ROLE OF INTERNATIONAL CRIMINAL LAW IN VIOLATIONS OF THE ENVIRONMENT DURING ARMED CONFLICT

AUTHOR – SHILPI KUMARI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY PATNA

BEST CITATION – SHILPI KUMARI, THE ROLE OF INTERNATIONAL CRIMINAL LAW IN VIOLATIONS OF THE ENVIRONMENT DURING ARMED CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 225-230, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Environmental destruction during armed conflict has become an increasingly significant concern in contemporary international law, given its long-term ecological, economic, and humanitarian consequences. Armed conflicts often result in severe environmental degradation, including deforestation, pollution, destruction of ecosystems, and depletion of natural resources. International Criminal Law (ICL), as a mechanism of accountability, plays a crucial role in regulating such conduct and punishing perpetrators responsible for environmental harm. This article examines the legal framework governing environmental protection during armed conflict, with particular emphasis on the role of ICL and its interaction with International Humanitarian Law (IHL). It analyzes the evolution of legal norms, the provisions under the Rome Statute of the International Criminal Court (ICC), and relevant principles such as proportionality, distinction, and military necessity. The paper also explores challenges in enforcement, including high thresholds for liability, evidentiary difficulties, and political constraints. Furthermore, it discusses the emerging concept of ecocide as a potential independent international crime. The article concludes that while ICL has made notable progress, significant gaps remain, necessitating reforms to ensure effective accountability and sustainable environmental protection in times of armed conflict.

Keywords: International Criminal Law, Armed Conflict, Environmental Protection, War Crimes, Ecocide, International Humanitarian Law, International Criminal Court, Environmental Damage