Page 26 - report_A Matter of Survival

CHAPTER 2

Into the Abyss: Water in Armed Conflicts

The increasing tendency to use water resources and infrastructure However, in accordance with IHL, States involved in armed
as targets or as weapons in armed conflicts is of deep concern. conflicts have the obligation to respect and to ensure respect for
In recent armed conflicts, States and non-state armed groups International Humanitarian Law in all circumstances – as required
have destroyed and captured water installations. Water supply by Article 1, common to all four Geneva Conventions of 12 August
systems fail: supply lines are deliberately sabotaged or water 1949. It must be strongly emphasized that it is therefore the primary
resources are poisoned to intimidate civilians. Non-state armed responsibility of States to comply with IHL and to use the capacities
groups capture dams and barrages, and use them to flood or of the relevant international organizations and arrangements to
starve downstream populations to defeat them. Dams are used ensure respect for International Humanitarian Law.
to shelter high-value prisoners, while poisoning water harms
local civilian populations. In situations where there are internal disturbances and riots,
on the other hand, it is incumbent on the States concerned to
It takes months to repair and restore water supply lines once apply domestic law, while respecting international human rights
they are damaged. In the meantime, civilians are displaced, standards and the principle of proportionality of their measures
agricultural activities are brought to a halt, and epidemics with the exigencies of the situation.
spread. Humanitarian agencies cannot provide water in large
quantities the way they airdrop food and medical packages. The
only option is to repair and restore the water systems during Protection of Water Resources and
ceasefires, but the repaired water systems can be destroyed Infrastructure during Armed Conflicts
again, thus creating a vicious cycle.
Civilian objects are afforded protection under IHL, thereby
This use of water resources and infrastructure as a weapon guaranteeing immunity to these objects from attack during armed
or target in violent conflicts should be condemned, and the conflict. Water is also included within the domain of civilian
international community should be prepared to prevent or objects. In addition, water by virtue of being “indispensable
mitigate such abuse. States, on the other hand, need to abide to the survival of the civilian population” is afforded special
by International Humanitarian Law (IHL) and refrain from protection under Additional Protocols I and II of the Geneva
attacking water infrastructure during war. Moreover, they Conventions. The international community should fully harness
should cooperate among themselves and with international the provisions of IHL to protect water resources:
organizations to prevent non-state armed groups and terrorist
organizations from damaging or capturing water resources and ▪ Geneva Convention IV Relating to the Protection of Civilian
infrastructure. Persons in Time of War, 1949 (Article 53).
▪ Additional Protocol to the Geneva Conventions of 12 August
There are many indirect effects of these attacks on water 1949, and relating to the Protection of Victims of International
systems. Armed Conflicts (Protocol I) 1977 (Article 54, 55, 56).
▪ Additional Protocol to the Geneva Conventions of 12
▪ Water quality is neglected, often rendering significant August 1949, and relating to the Protection of Victims of
portions of rivers and lakes biologically dead; Non-International Armed Conflicts (Protocol II) 1977 (Article
▪ Cooperation mechanisms are difficult to establish; 14, 15).
▪ Large-scale resources need to be raised to restore water ▪ Rome Statute of the International Criminal Court (ICC), 1998
systems at a time when competing needs are also required (Article 8(2)(b)(ii), 8(2)(b)(iv), 8(2)(b)(xxv), Article 8(2)(e)
for housing, schools, security and other necessities in a post- (xiii)).
conflict scenario.
▪ Convention on the Prohibition of Military or Any Other Hostile
A Matter of Definition Use of Environmental Modification Techniques (ENMOD),
1977 (Article I, II).
In order to prevent and mitigate attacks on water infrastructure ▪ 1997 UN Watercourses Convention (Article 29).
in armed conflicts, it is necessary to determine whether
International Humanitarian Law applies to the particular ▪ International Covenant on Economic Social and Cultural
Rights (ICESCR), Articles 11, 12.
armed conflict. One problem is the increasing number of
non-international armed conflicts in which States deny the ▪ International Covenant on Civil and Political Rights (ICCPR).
existence of armed conflict on its territories, especially in the
early stages of the conflict. Since armed conflict is always context Several provisions of International Humanitarian Law are
specific, the international community has been grappling with especially applicable to the efforts to protect water resources
defining many armed conflicts, to determine whether they are and infrastructure during armed conflicts.
international, non-international or internationalized.

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