Blog: international environmental law
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September 30, 2020
Confronting conflict pollution: new principles argue for greater assistance for victims of toxic remnants of war
Posted by Dana Walters
Between 1946 and 1958, the United States conducted 67 nuclear tests in the Marshall Islands, irreparably damaging the environment and disrupting the lives of the people who called the area home. When Bonnie Docherty ’01, associate director of armed conflict and civilian protection in Harvard Law School’s International Human Rights Clinic, visited the islands in March 2018, she spoke with survivors who suffered from immediate and long-term health effects and who remain displaced decades after the tests.
“Many survivors in the Marshall Islands described having no warning that the tests were going to occur. Then there was blinding light. The sky turned red and various other colors, and then white, radioactive ash fell everywhere,” Docherty said. “Eventually, the U.S. military came and evacuated the communities. For years, as some people would try to return to their home, they did not know if they were still at risk or if the land was safe. There was a remarkable lack of information distributed to those who were most affected.”
The experiences of survivors in the Marshall Islands, as well as other places where armed conflict and military activity have harmed the environment, provided an impetus for “Confronting Conflict Pollution: Principles for Assisting Victims of Toxic Remnants of War,” a major report released today. Co-published by the International Human Rights Clinic and the Conflict and Environment Observatory (CEOBS), the report establishes a new framework for addressing the human harm resulting from the environmental consequences of conflict.
The report lays out 14 principles that cover a range of harm and assistance, establish a mechanism for shared responsibility, identify key implementation measures, and apply overarching human rights norms. The report also includes a detailed commentary, explaining the principles and providing precedent for them. The overarching goal of the principles is to ensure that victims’ needs are met and that they can realize their human rights.
“There have been huge advances in developing legal frameworks for protecting the environment in relation to armed conflicts in the last decade,” said Doug Weir, research and policy director at CEOBS. “The principles help fill a clear gap in clarifying how states and the international community should respond to the consequences of environmental degradation on communities.”
Weir and a panel of other experts joined Docherty for an online launch event on September 30.
The report adapts the concept of victim assistance, originally designed to deal with explosive weapons, to conflict-related pollution, such as that from nuclear weapon use and testing, oil well fires in Iraq, or the bombing of industrial plants in Ukraine.
Docherty began the process of drafting principles regarding toxic remnants of war with Weir and then-Clinical Fellow Rebecca Agule ’10 in fall 2016. After taking a short break to assist the Nobel Peace Prize-winning International Campaign to Abolish Nuclear Weapons (ICAN) during the negotiations of the historic Treaty on the Prohibition of Nuclear Weapons (TPNW), she returned to the project in fall 2018 with an exceptional team of clinical students: Matthew Griechen ’19, Daniel Levine-Spound ’19, and Susannah Marshall ’19. Docherty’s experiences with the TPNW, the first treaty to require assistance for victims of toxic remnants of war, informed the clinic’s principles.Continue Reading…
November 17, 2014
November 17, 2014
“The Inter-American Human Rights System: Contributions and Challenges”
A talk by Professor Dinah L. Shelton
5:00 – 7:00 p.m.
Please join us for a talk by Dinah L. Shelton, Professor of International Law, George Washington University, and past president of the Inter-American Commission on Human Rights. Professor Shelton served on the Commission from 2010 to 2014, a period marked by controversy within the OAS about the Commission’s powers, and struggle over institutional reform. She is a leading expert on international law, human rights law, and international environmental law.
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