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Into the Abyss: Water in Armed Conflicts

crime in non-international armed conflicts. With Article While the normative process intended to strengthen the
8(2)(e)(xiii) which is applicable in non-international armed authority and implementation of IHL continues to be important,
conflict, the intentional use of poison is considered a war the strategic role of water can be seen both in the growing
crime, and could be applied in cases in which water sources number of armed conflicts in which the warring parties, mainly
are poisoned. non-state actors involved in non-international armed conflicts
nowadays, tend to use water as a weapon. The fact that many
of the conflicts take place in water-stressed areas in the Middle
Recent Developments East and North Africa adds to the strategic importance of water
The evolution of international law in the past decades, especially in the armed conflicts of our time.
IHL, provides a solid legal framework for water protection as part
of civilian protection in armed conflicts. With the exception of The conflict in Darfur, Sudan is fueled by rivalries between local
the 1997 UN International Watercourses Convention, the relevant communities and tribes for access to arable land and water
international instruments have also been broadly ratified and resources. A number of wells were poisoned in a campaign to
accepted by States. Additional ratifications are welcome and intimidate local residents during the conflict. Subsequently,
continue to be called for. water issues were integrated into the Darfur Peace Agreement
of 2006 signed by the Government, the Sudan Liberation
Compliance problems with IHL in contemporary armed conflicts Movement/Army, and the Justice and Equality Movement.
remain serious, and have been aggravated in several conflicts of
our time. Recently a number of international instruments have During the early phase of armed conflict in Libya, Muammar
sought to strengthen IHL. The resolution on “Strengthening of Gaddafi’s forces reportedly shut down two-thirds of Tripoli’s
Legal Protection for the Victims of Armed Conflicts” adopted at water resources, creating water shortages for a large part of the
the 31st International Conference of the Red Cross and the Red country’s population.
Crescent in 2011 is a case in point. The UNEP Assembly adopted
an important resolution on the “Protection of the Environment in In Somalia, Al-Shabaab cut water supplies to liberated cities to
Areas affected by Armed Conflict” in 2016 (UNEP/EA/Res.15). The demonstrate their continued power and presence in the areas
1994 ICRC Guidelines for Military Manuals and Instructions on they lost to government forces.
the Protection of the Environment in Times of Armed Conflict are
relevant to the legal regulation and actual conduct of the armed These examples demonstrate the ruthless use of water as a
forces of States. weapon of war. A systematic practice was developed in the
ongoing armed conflicts in Iraq and Syria, in which since 2014,

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