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13 - Animals in Occupied Territory

from Part III - The Protection of Animals in Specific Situations

Published online by Cambridge University Press:  06 October 2022

By
Marco Longobardo
Edited by
Anne Peters ,
Jérôme de Hemptinne  and
Robert Kolb
Anne Peters
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb
Affiliation:
Université de Genève
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Summary

This chapter explores the international legal protection offered to animals in occupied territory. Some rules of international humanitarian law protecting private and public property apply to animals as well. The legal framework is complemented by the domestic law in force prior to the occupation, and by international conventions on animal conservation that remain applicable during armed conflict. Nonetheless, animals in occupied territory are insufficiently protected. In order to strengthen legal protection, occupying powers should properly fulfil their duty to observe and apply local legislation such as animal welfare statutes. A non-anthropocentric approach based on animals’ needs, rather than on animals as property or as parts of the environment, would help to enhance the protection of animals in occupied territory.

Keywords

animals in occupied territorypublic and private propertydestructionconfiscationrequisitionpillageforestagricultural estatenatural resourcescontagious diseaseslivestock
Type
Chapter
Information
Animals in the International Law of Armed Conflict , pp. 217 - 233
Publisher: Cambridge University Press
Print publication year: 2022

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References

Select Bibliography

Al-Duaij, Nada, Environmental Law of Armed Conflict (New York: Transnational Publisher 2004).Google Scholar
Finch, Frank R., ‘This Land is our Land: The Environmental Threat of Army Operations’, International Law Studies 69 (1996), 99–115.Google Scholar
Hulme, Karen, ‘Enhancing Environmental Protection During Occupation through Human Rights’, Goettingen Journal of International Law 10 (2020), 203–41.Google Scholar

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