Eric Talbot Jensen & James. J. Teixeria Jr., 𝘗𝘳𝘰𝘴𝘦𝘤𝘶𝘵𝘪𝘯𝘨 𝘔𝘦𝘮𝘣𝘦𝘳𝘴 𝘰𝘧 𝘵𝘩𝘦 𝘜.𝘚. 𝘔𝘪𝘭𝘪𝘵𝘢𝘳𝘺 𝘧𝘰𝘳 𝘞𝘢𝘳𝘵𝘪𝘮𝘦 𝘌𝘯𝘷𝘪𝘳𝘰𝘯𝘮𝘦𝘯𝘵𝘢𝘭 𝘊𝘳𝘪𝘮𝘦𝘴, 17 Gᴇᴏ. Iɴᴛ'ʟ Eɴᴠᴛʟ. L. Rᴇᴠ. 651 (2004).
War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States military responsible for illegal environmental damage during wartime. Further, these laws and regulations provide sufficient penalties and other enforcement mechanisms to deter potential violators, punish convicted criminals, and protect the environment.
17 Geo. Int'l Envtl. L. Rev.
George International Environmental Law Review