The cornerstone of modern International Environmental Law is the prohibition of transfrontier pollution: states have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond national jurisdiction. In addition, there is now a substantial body of international treaties laying down detailed regimes for various environmental sectors. Relatedly, recent international conflicts have raised fundamental questions about the relationship between international law and armed conflict. The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction. Dr. Sonja Ann JozefBoelaert-Suominen, legal adviser in the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia, in the Hague, the Netherlands, examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the author focuses on the marine environment, examining the relationship between naval warfare, on one hand, and multilateral environmental treaties on marine safety and the prevention of marine pollution, on the other. Dr. Boelaert-Suominen argues that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, her analysis shows that, under international law, belligerent and neutral states have the legal right to suspend those treaties, wholly or in part. The author concludes that very few of the treaties considered take the new law of armed conflict into account and that there remains a need for more detailed rules on environmental standards for military operations. In 1996, the Naval War College International Law Studies published volume 69 in its "Blue Book" series-Protection of the Environment during Armed Conflict. This compilation of papers was written for and presented at the Law of Naval Warfare Symposium on the Protection of the Environment during Armed Conflict and other Military Operations, held at the Naval War College in 1995. Contributors to this conference suggested the necessity for a thorough study of the relationship between environmental treaties and the laws of war.
About the Author: Dr. Sonja Boelaert-Suominen holds degrees in law from Katholieke U niversiteit Leuven, Harvard Law School, and the London School of Economic and Political Science. After graduating with "great distinction" from Leuven University in 1985, she practiced law as a member of the Brussels bar for three years and lectured at the Leuven Law School. In 1988 she was awarded the prestigious International Telegraph and Telephone International Fellowship as well as an honorary Fulbright Scholarship to pursue studies at Harvard University. Dr. Boelaert-Suominen obtained the degree of master of laws from Harvard Law School in 1989 and then embarked on an international career, serving as legal adviser with several United Nations agencies and other international institutions. She has resided and worked in Rwanda, Italy, Finland, the United Kingdom, Belgium, and the Netherlands, specializing in several disciplines of public international law. The author's interest in academic work, sparked by the environmental legacy of the second Gulf War, encouraged her to take up a European Community Fellowship at the London School of Economics and Political Science in 1994. She undertook an advanced research project that examined the interface between humanitarian law and environmental law, and she pursued doctoral studies under the supervision of Professor Christopher Greenwood. This paper is adapted from her doctoral thesis, for which she was awarded the degree of Doctor of Philosophy in 1998. The author is currently employed in the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Hague, where she is an advisor on international law under the direction of William Fenrick, a retired Canadian navy commander. She maintains a keen interest in publishing and has written several articles and papers reflecting on the work of the ICTY and the impact of its jurisprudence. Dr. Boelaert-Suominen is married to Jyrki Suominen. They have a son, Nic1as. She divides her time between the Netherlands and Belgium.