The Ecology of War and Peace: Marginalising Slow and Structural Violence in International Law

Cover
Half-title page
Title page
Copyright page
Contents
Acknowledgements
1 Introduction: International Law, Violence, and Visibility
	1.1 International Law, Violence, and Visibility: War’s Hidden Socio-ecological Legacy
	1.2 Pushing the Conversation Forward
	1.3 ‘New Wars’ and the Environment
	1.4 Slow and Structural Violence
	1.5 Overview of Arguments
Part I Concepts, Theories, and Debates
	2 The Ecology of War and Peace: Unpacking the Assumptions
		2.1 Introduction
		2.2 The Place of the Environment within Peace and Conflict Studies
			2.2.1 Of Scarcity, Greed, and Grievances: Nature and the Root Causes of Violent Conflict
			2.2.2 ‘Illicit’ Trade in Natural Resources and the Political Economy of Civil Wars
			2.2.3 Environmental Peacebuilding and the Spectre of ‘Liberal Peace’
		2.3 Adding Environmental Justice to the Picture
		2.4 Conclusion
	3 Origins and Evolutions of Legal Debates on the Environment-Conflict ‘Nexus’
		3.1 Introduction
		3.2 From Grotius to the Contemporary Jus in Bello: Necessity, Distinction, and Proportionality as the Standards for Environmental Protection
		3.3 Reacting to Ecocide Perpetrated in the Vietnam War: Adding the ‘Environment’ to the Laws of Armed Conflict
		3.4 The 1990–1 Gulf War and the Codification of Environmental War Crime in the Statute of the International Criminal Court
		3.5 Interpretative Routes to Restrain ‘Illegal’ Resource Exploitation during Armed Conflict and Occupation
		3.6 Beyond the Laws of Armed Conflict
			3.6.1 Multilateral Environmental Agreements and Principles of Environmental Law: ‘Greening’ the Jus in Bello?
			3.6.2 International Human Rights Law and the Environment: A Complicated Relationship
		3.7 Conclusion
Part II The Practice of International Law
	4 War Crimes Tribunals and the International Court of Justice: Nature between Property Protection and Humanitarian Concerns
		4.1 Introduction
		4.2 International and Hybrid Criminal Tribunals
			4.2.1 Post–World War II Tribunals and the Prosecution of Property Crimes
			4.2.2 The NATO Bombing Campaign in Former Yugoslavia: The Environment as a ‘Casualty’ of Warfare
			4.2.3 The Environment as the Means to Commit Humanitarian Atrocities
			4.2.4 The Special Court for Sierra Leone, Natural Resources, and the Economic Motives for Armed Struggle
		4.3 Two Different Paradigms of Justice: The Tension between International Criminal Justice and Environmental Justice
		4.4 The International Court of Justice
			4.4.1 The Nuclear Weapons Advisory Opinion: Slow Violence and Non Liquet
			4.4.2 The Armed Activities Case (Congo v. Uganda)
		4.5 Conclusion
	5 The United Nations Security Council: From ‘Conflict Resources’ to Climate Change as a ‘Threat’ to International Peace and Security
		5.1 Introduction
		5.2 Sanctions and Resource-Driven Armed Conflict
			5.2.1 A Few Words on Sanctions
			5.2.2 The Evolving Objectives of Sanctions Targeting ‘Conflict Resources’: From Conflict Termination to Governance Interventions
		5.3 The UNSC and the Global Regulation of Resource Extraction in Conflict Zones
		5.4 Implementing Sanctions: Peacekeeping Operations and Panels of Experts
			5.4.1 Securitising Resource Extraction
			5.4.2 ‘Naming and Shaming’ and Corporate Due Diligence
		5.5 A Narrow and Short-Term Approach to Peace
			5.5.1 Ignoring Conflict Root Causes
			5.5.2 Overlooking Sustainability Challenges
		5.6 Climate Change and International Peace and Security
			5.6.1 Different Accounts of ‘Climate Security’
			5.6.2 Rethinking the Powers of the UNSC and Orthodox Approaches to Peace and Security
		5.7 Conclusion
	6 Truth Commissions: Conflicts over Extractive Resources and the Battle for Different Views of Nature
		6.1 Introduction
		6.2 A Brief Overview of Truth Commissions
		6.3 Constructing the ‘Truth’ about Resource-Driven Wars in Sierra Leone, Liberia, and Timor-Leste
			6.3.1 Setting the Stage: Natural Resources and Conflict Causes and Dynamics
			6.3.2 Human Rights Abuses and ‘Illegal’ Resource Extraction
		6.4 Three Paradigms of Responsibility
			6.4.1 The Sierra Leonean TC: The Post-conflict State as the ‘Main Agent of Change’
			6.4.2 The Liberian TC: The ‘Economic Crimes’ Lens
			6.4.3 The Timor-Leste TC: A Progressive Reading of Socio-economic and Nature Rights
		6.5 Conclusion
	7 Conclusion: Towards a Political Ecology of International Law
		7.1 Reframing ‘the Environment’ and its Relation to Humanity in Rules Governing War
		7.2 Embracing Complexity: Rethinking the ‘Nexus’ between Nature, Conflict, and Peace
		7.3 Towards a Political Ecology of International Law
Bibliography
Index