Draft principle 18 forms part of Part II and is simply repeating lex lata of IAC and NIAC, but also national legislation and military manuals. However, while the provision applies the prohibition in all theatres of war, it carries significant practical consequences in NIACs because of its intrinsic connection to the question of ownership of natural resources.

For example, the well-establish! right of permanent sovereignty

Over natural resources would generally allow a national liberation movement representing “people” who exercise their right to self-determination to legally exploit natural resources, but not to arm! groups operating out of the colonial context. Thus the question is: can arm! groups, who exercise de facto control over a part of state’s territory, legally exploit overseas data the natural resources of that territory for the benefit of the local population for whom they fight? A straightforward interpretation of the law would always qualify such acts as illegal. Herein lies – as Professor Sassoli has argu! elsewhere – the ‘inherent inequality’ of the parties

Environmental protection in NIACs is an immensely important topic as this aspect of arm! conflict has suffer! from a particular dearth of legal attention. A quick glimpse into the work of the ILC reveals the limitations for a systemic legal regulation. First, environmental concerns in NIACs are scatter! among different legal regimes which moreover have anthropocentric nature and different normative values. Second, this endeavor is part of a larger challenge for international lawyers to deal with NSAs under the traditional categories of state-centric 3 ways to increase the conversion of a construction company’s page international law. The content and consequences of such rules are therefore less clear. Third, establishing legal responsibility for NSAs in a more systematic way remains one of the biggest challenges for european union email list  the international community.

That being said, the work of the

Special Rapporteur shows openness and progressiveness in navigating through such diverse legal terrain to clarify and consolidate the normative framework for different types of NSAs. Moreover, an important contribution has been made by expanding the protective scope for the environment in arm! conflicts by conflating the law of war and the law of peace. It is to be seen, however, to what extent the final outcome will contribute to the development of lex ferenda.