Protecting the Environment during Non-International Armed Conflicts: The International Law Commission's PERAC Principles as a Blueprint for Deeds of Commitment

The majority of contemporary armed conflicts are classified as non-international armed conflicts, often occurring in biodiversity hotspots with the destruction of the environment continuing to fall victim to the violence of these conflicts. A startling lacuna in the law of non-international armed conflicts is its lack of direct protection for the environment under International Humanitarian Law. While some scholars argue that indirect protection of the environment may be afforded when interpreting the law of non-international armed conflicts, this falls short of providing legal certainty and promoting 'buy-in' from non-State armed groups. For these reasons, the contribution made by the International Law Commission in its 27 Principles on the Protection of the Environment in Relation to Armed Conflicts is ground-breaking. The authors of this contribution argue that deeds of commitment, a form of soft law, is the appropriate vehicle to operationalise the Principles of the Protection of the Environment in Relation to Armed Conflicts. Ultimately, the authors of this contribution sample Principles 13, 5 and 8 in a proposed blueprint for a thematic deed of commitment, without prejudice to other potential content, unilaterally binding signatory non-State armed groups.