United Nations A/RES/77/104
General Assembly Distr.: General
19 December 2022
22-28250 (E) 221222
*2228250*
Seventy-seventh session
Agenda item 77
Report of the International Law Commission on the work
of its seventy-third session
Resolution adopted by the General Assembly
on 7 December 2022
[on the report of the Sixth Committee (A/77/415, para. 12)]
77/104. Protection of the environment in relation to armed conflicts
The General Assembly,
Having considered chapter V of the report of the International Law Commission
on the work of its seventy-third session, 1 which contains the draft principles on
protection of the environment in relation to armed conflicts,
Taking note of the recommendation of the Internat ional Law Commission
contained in paragraph 55 of its report,
Emphasizing the continuing importance of the codification and progressive
development of international law, as referred to in Article 13, paragraph 1 (a), of the
Charter of the United Nations,
Recalling the recommendation of the United Nations Environment Programme
that the International Law Commission examine the existing international law for
protecting the environment during armed conflict and recommend how it can be
clarified, codified and expanded,2
Noting that the subject of protection of the environment in relation to armed
conflicts is of major importance in international relations,
Recalling that, to the extent that they do not reflect customary or treaty -based
obligations of States, as applicable, the draft principles provide recommendations for
the progressive development of international law, inter alia, through examples of
effective voluntary measures to enhance the protection of the environment in relation
to armed conflicts,
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1 Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 10 (A/77/10).
2 United Nations Environment Programme, Protecting the Environment During Armed Conflict: An
Inventory and Analysis of In ternational Law (Nairobi, 2009), recommendation 3.
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1. Welcomes the conclusion of the work of the International Law Commission
on protection of the environment in relation to armed conflicts and its adoption of the
draft principles on protection of the environment in relation to armed conflicts and
commentaries thereto;3
2. Expresses its appreciation to the International Law Commission for its
continuing contribution to the codification and progressive development of
international law;
3. Takes note of all the views and comments expressed in the debates of the
Sixth Committee on the subject, including those made at the seventy -seventh session
of the General Assembly,4 as well as the comments and observations submitted in
writing by Governments on the draft principles on protection of the environment in
relation to armed conflicts;
4. Also takes note of the principles on protection of the environment in
relation to armed conflicts, the text of which is annexed to the present resolution, with
the commentaries thereto, brings them to the attention of States, i nternational
organizations and all who may be called upon to deal with the subject, and encourages
their widest possible dissemination.
47th plenary meeting
7 December 2022
Annex
Principles on protection of the environment in relation to armed conflicts
Preamble
Recalling the urgent need and common objectives to reinforce and advance the
conservation, restoration and sustainable use of the environment for present and
future generations,
Recalling also that principle 24 of the Rio Declara tion on Environment and
Development provides, inter alia, that States shall respect international law providing
protection for the environment in times of armed conflict and cooperate in its further
development,
Recognizing that environmental consequences of armed conflicts may be severe
and have the potential to exacerbate global environmental challenges, such as climate
change and biodiversity loss,
Aware of the importance of the environment for livelihoods, food and water
security, maintenance of traditions and cultures, and the enjoyment of human rights,
Emphasizing that environmental factors are to be taken into account in the
context of the implementation of the principles and rules of the law applicable in
armed conflict,
Conscious of the need to enhance the protection of the environment in relation
to both international and non-international armed conflicts, including in situations of
occupation,
Considering that effective protection of the environment in relation to armed
conflicts requires that measures are taken by States, international organizations and
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3 Official Records of the General Assembly, Seventy -seventh Session, Supplement No. 10
(A/77/10), paras. 58–59.
4 See A/C.6/77/SR.21, A/C.6/77/SR.22, A/C.6/77/SR.23, A/C.6/77/SR.24, A/C.6/77/SR.25 and
A/C.6/77/SR.31. The statements made in the Sixth Committee are available in full (in the
original languages) on the website of the Sixth Committee, at www.un.org/en/ga/sixth/.
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other relevant actors to prevent, mitigate and remediate harm to the environment
before, during and after an armed conflict,
Part one
Introduction
Principle 1
Scope
The present principles apply to the protection of the environment before, during
or after an armed conflict, including in situations of occupation.
Principle 2
Purpose
The present principles are aimed at enhancing the protection of the environment
in relation to armed conflicts, including through measures to prevent, mitigate and
remediate harm to the environment.
Part two
Principles of general application
Principle 3
Measures to enhance the protection of the environment
1. States shall, pursuant to their obligations under international law, take effective
legislative, administrative, judicial and other measures to enhance the protection of
the environment in relation to armed conflicts.
2. In addition, States should take further measures, as app ropriate, to enhance the
protection of the environment in relation to armed conflicts.
Principle 4
Designation of protected zones
States should designate, by agreement or otherwise, areas of environmental
importance as protected zones in the event of an armed conflict, including where those
areas are of cultural importance.
Principle 5
Protection of the environment of Indigenous Peoples
1. States, international organizations and other relevant actors shall take
appropriate measures, in the event of an armed conflict, to protect the environment of
the lands and territories that Indigenous Peoples inhabit or traditionally use.
2. When an armed conflict has adversely affected the environment of the lands and
territories that Indigenous Peoples inhabit or traditionally use, States shall undertake
appropriate and effective consultations and cooperation with the Indigenous Peoples
concerned, through appropriate procedures and in particular through their own
representative institutions, for the purpose of taking remedial measures.
Principle 6
Agreements concerning the presence of military forces
States and international organizations should, as appropriate, include provisions
on environmental protection in relation to armed conflict in agreements concerning
the presence of military forces. Such provisions should address measures to prevent,
mitigate and remediate harm to the environment.
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Principle 7
Peace operations
States and international organizations involved in peace operations established
in relation to armed conflicts shall consider the impact of such operations on the
environment and take, as appropriate, measures to prevent, mitigate and remediate
the harm to the environment resulting from those operations.
Principle 8
Human displacement
States, international organizations and other relevant actors should take
appropriate measures to prevent, mitigate and remediate harm to the environment in
areas where persons displaced by armed conflict are located, or through which they
transit, while providing relief and assistance for such persons and local communities.
Principle 9
State responsibility
1. An internationally wrongful act of a State, in relation to an armed conflict, that
causes damage to the environment entails the international responsibility of that State,
which is under an obligation to make full reparation for such damage, including
damage to the environment in and of itself.
2. The present principles are without preju dice to the rules on the responsibility of
States or of international organizations for internationally wrongful acts.
3. The present principles are also without prejudice to:
(a) The rules on the responsibility of non -State armed groups;
(b) The rules on individual criminal responsibility.
Principle 10
Due diligence by business enterprises
States should take appropriate measures aimed at ensuring that business
enterprises operating in or from their territories, or territories under their jurisdi ction,
exercise due diligence with respect to the protection of the environment, including in
relation to human health, when acting in an area affected by an armed conflict. Such
measures include those aimed at ensuring that natural resources are purchased or
otherwise obtained in an environmentally sustainable manner.
Principle 11
Liability of business enterprises
States should take appropriate measures aimed at ensuring that business
enterprises operating in or from their territories, or territories under their jurisdiction,
can be held liable for harm caused by them to the environment, including in relation
to human health, in an area affected by an armed conflict. Such measures should, as
appropriate, include those aimed at ensuring that a business enterprise can be held
liable to the extent that such harm is caused by its subsidiary acting under its de facto
control. To this end, as appropriate, States should provide adequate and effective
procedures and remedies, in particular for the v ictims of such harm.
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Part three
Principles applicable during armed conflict
Principle 12
Martens Clause with respect to the protection of the environment in relation to
armed conflicts
In cases not covered by international agreements, the environment remains
under the protection and authority of the principles of international law derived from
established custom, from the principles of humanity and from the dictates of public
conscience.
Principle 13
General protection of the environment during armed conflict
1. The environment shall be respected and protected in accordance with applicable
international law and, in particular, the law of armed conflict.
2. Subject to applicable international law:
(a) Care shall be taken to protect the environment against widespread, longterm
and severe damage;
(b) The use of methods and means of warfare that are intended, or may be
expected, to cause widespread, long-term and severe damage to the environment is
prohibited.
3. No part of the environment may be attacked, unless it has become a military
objective.
Principle 14
Application of the law of armed conflict to the environment
The law of armed conflict, including the principles and rules on distinction,
proportionality and precautions, shall be applied to the environment, with a view to
its protection.
Principle 15
Prohibition of reprisals
Attacks against the environment by way of reprisals are prohibited.
Principle 16
Prohibition of pillage
Pillage of natural resources is prohibited.
Principle 17
Environmental modification techniques
In accordance with their international obligations, States shall not engage in
military or any other hostile use of environmental modification techniques having
widespread, long-lasting or severe effects as the means of destruction, damage or
injury to any other State.
Principle 18
Protected zones
An area of environmental importance, including where that area is of cultural
importance, designated by agreement as a prote cted zone shall be protected against
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any attack, except insofar as it contains a military objective. Such protected zone shall
benefit from any additional agreed protections.
Part four
Principles applicable in situations of occupation
Principle 19
General environmental obligations of an occupying Power
1. An occupying Power shall respect and protect the environment of the occupied
territory in accordance with applicable international law and take environmental
considerations into account in the administration of such territory.
2. An occupying Power shall take appropriate measures to prevent significant harm
to the environment of the occupied territory, including harm that is likely to prejudice
the health and well-being of protected persons of the occupied territory or otherwise
violate their rights.
3. An occupying Power shall respect the law and institutions of the occupied
territory concerning the protection of the environment and may only introduce
changes within the limits provided by the law of armed conflict.
Principle 20
Sustainable use of natural resources
To the extent that an occupying Power is permitted to administer and use the
natural resources in an occupied territory, for the benefit of the protected population
of the occupied territory and for other lawful purposes under the law of armed
conflict, it shall do so in a way that ensures their sustainable use and minimizes harm
to the environment.
Principle 21
Prevention of transboundary harm
An occupying Power shall take appropriate measures to ensure that activities in
the occupied territory do not cause significant harm to the environment of other States
or areas beyond national jurisdiction, or any area of the occupied State beyond the
occupied territory.
Part five
Principles applicable after armed conflict
Principle 22
Peace processes
1. Parties to an armed conflict should, as part of the peace process, including where
appropriate in peace agreements, address matters relating to the restoration and
protection of the environment damaged as a result of the conflict.
2. Relevant international organizations should, where appropriate, play a
facilitating role in this regard.
Principle 23
Sharing and granting access to information
1. To facilitate measures to remediate harm to the environment resulting from an
armed conflict, States and relevant international organizations shall share and grant
access to relevant information in accordance with their obligations under applicable
international law.
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2. Nothing in paragraph 1 affects the right to invoke the grounds for refusal to
share or grant access to information provided for in applicable international law.
Nevertheless, States and international organizations shall cooperate in good faith with
a view to providing as much information as possible under the circumstances.
Principle 24
Post-armed conflict environmental assessments and remedial measures
Relevant actors, including States and international organizations, should
cooperate with respect to post-armed conflict environmental assessments and
remedial measures.
Principle 25
Relief and assistance
When, in relation to an armed conflict, the source of environmental damage is
unidentified, or reparation is unavailable, States and relevant int ernational
organizations should take appropriate measures so that the damage does not remain
unrepaired or uncompensated, and may consider establishing special compensation
funds or providing other forms of relief or assistance.
Principle 26
Remnants of war
1. Parties to an armed conflict shall seek, as soon as possible, to remove or render
harmless toxic or other hazardous remnants of war under their jurisdiction or control
that are causing or risk causing damage to the environment. Such me asures shall be
taken subject to the applicable rules of international law.
2. The parties shall also endeavour to reach agreement, among themselves and,
where appropriate, with other States and with international organizations, on
technical and material assistance, including, in appropriate circumstances, the
undertaking of joint operations to remove or render harmless such toxic or other
hazardous remnants of war.
3. Paragraphs 1 and 2 are without prejudice to any rights or obligations under
international law to clear, remove, destroy or maintain minefields, mined areas,
mines, booby-traps, explosive ordnance and other devices.
Principle 27
Remnants of war at sea
States and relevant international organizations should cooperate to ensure that
remnants of war at sea do not constitute a danger to the environment.
PART IV (D): Protection of the environment in relation to armed conflict