Daniëlla Dam-de Jong

Since the end of the Cold War, natural resources have proven an adequate replacement for external funding. The prospects for parties to an armed conflict to gain ‘easy’ profits from resource exploitation encourage these parties to engage in predatory practices that are highly detrimental to environmental conservation. The environmental degradation caused by predatory resource exploitation by parties to an armed conflict also severely hamper efforts to the post-conflict reconstruction of a… Meer weergeven

Since the end of the Cold War, natural resources have proven an adequate replacement for external funding. The prospects for parties to an armed conflict to gain ‘easy’ profits from resource exploitation encourage these parties to engage in predatory practices that are highly detrimental to environmental conservation. The environmental degradation caused by predatory resource exploitation by parties to an armed conflict also severely hamper efforts to the post-conflict reconstruction of a State. Environmental degradation of land may sparkle new tensions in the fragile phase of post-conflict reconstruction. In addition, natural resources are an important engine to restart the economy of a war-torn State after the conflict has come to an end. If the resources are severely degraded or even exhausted as a consequence of their exploitation during armed conflict, it becomes even more difficult to kick-off the economy of a State emerging from conflict. The article argues that current international law is not sufficiently equipped to deal with these challenges. The existing regulatory framework is fragmented and imprecise. It’s only through case specific responses under Security Council sanctions regimes that the challenges are currently addressed. Minder weergeven

This article explores the potential of international criminal law in addressing the problem of illegal exploitation of natural resources in conflict areas, with a specific focus on the war crime of pillage and the prospective role of the International Criminal Court (ICC). It discusses whether the war crime of pillage can adequately capture the phenomenon of illegal exploitation of natural resources during armed conflict, or whether alternative tools or crime definitions might be more useful to… Meer weergeven

This article explores the potential of international criminal law in addressing the problem of illegal exploitation of natural resources in conflict areas, with a specific focus on the war crime of pillage and the prospective role of the International Criminal Court (ICC). It discusses whether the war crime of pillage can adequately capture the phenomenon of illegal exploitation of natural resources during armed conflict, or whether alternative tools or crime definitions might be more useful to address this negative phenomenon. The article examines the practice of international courts in relation to pillage charges and explores their role in prosecuting the illegal exploitation of natural resources. It concludes with some thoughts on whether the revival of the crime of pillage should be perceived as the panacea to the problem of ‘‘resource conflicts’’ or whether it is rather an empty shell. Minder weergeven

An abundance of valuable natural resources, such as oil, timber, gold, or diamonds, in a country has in recent years increasingly proven to be a cause for socio-economic and political instability rather than an engine for development. This phenomenon is sometimes referred to as the ‘resource curse’. In several cases, a wealth of valuable natural resources in a country has even triggered or fueled armed conflict. Furthermore, internal rivalry for access to, and control over, the exploitation of… Meer weergeven

An abundance of valuable natural resources, such as oil, timber, gold, or diamonds, in a country has in recent years increasingly proven to be a cause for socio-economic and political instability rather than an engine for development. This phenomenon is sometimes referred to as the ‘resource curse’. In several cases, a wealth of valuable natural resources in a country has even triggered or fueled armed conflict. Furthermore, internal rivalry for access to, and control over, the exploitation of valuable natural resources occasionally spills over to neighbouring countries, thus internationalizing an internal armed conflict. In these instances, access to natural resources may even have become the principal reason for the parties to continue fighting in armed conflict. Since the global demand for scarce natural resources will only increase in the decades to come, armed conflicts over these natural resources are likely to occur more often or, as Michael Klare puts it, ‘resource wars will become, in the years ahead, the most distinctive feature of the global security environment.’ This new reality poses important challenges to contemporary international law relating to the management of natural wealth and resources during armed conflict.

This article examines the international legal framework for the protection and management of natural wealth and resources during armed conflict, focusing on the rules that relate to the exploitation of natural resources by parties to an armed conflict. For this purpose, the article first takes a closer look at the principle of permanent sovereignty over natural resources and its implications for the situation of armed conflict. Furthermore, it assesses the protection of natural wealth and resources under international humanitarian law and analyzes the role of ius pacis in strengthening this protection during armed conflict. Minder weergeven