The Wildlife in War Zones draft resolution

REQUEST FOR THE PASSING OF A RESOLUTION CALLING ON MEMBER STATES TO PROTECT FACILITIES USED FOR THE PRESERVATION, RESEARCH, BREEDING, TREATMENT OR STUDY OF WILD ANIMALS AT WHICH WILD ANIMALS ARE KEPT TEMPORARILY OR PERMANENTLY AND WILDLIFE AND MARINE RESERVES DURING ARMED CONFLICT AND THE RECOGNITION OF THE NECESSITY FOR THE CONTINUANCE OF THE WORK OF PERSONS EMPLOYED AT SUCH FACILITIES AND LOCAL ORGANISATIONS AND AID ORGANISATIONS TASKED WITH THE PROTECTION, PRESERVATION AND TREATMENT OF WILD ANIMALS DURING ARMED CONFLICT AND THE RECOGNITION OF CERTAIN FORMS OF ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT AS WAR CRIMES

 The Twentieth and Twenty-First Centuries have seen the rise of International Environmental Law in the face of impending environmental crises and the adoption by member states of obligations to conserve and protect the natural environment in situ and ex situ.

 The devastating effect of armed conflict on programmes for the preservation and study of wild animals ex situ is no more evident than in the abandonment and neglect of wild animals in captivity in times of armed conflict and in consequence:

 AND ACKNOWLEDGING the obligation on member states to respect and protect the natural environment;

 AND ACKNOWLEDGING the obligation on states to ensure that the activities within their jurisdiction or control do not cause damage to the environments of other states or areas beyond the limits of their jurisdiction; 

 AND ACKNOWLEDGING the obligation of states to develop national strategies, plans or programmes for the conservation and the sustainable use of biodiversity including:

 (i)                 The identification and monitoring of biodiversity;

 (ii)               The adoption of in situ and ex situ conservation methods;

 (iii)             The establishment of programmes for research and training; and

 (iv)             The engagement in public education and awareness;

 AND ACKNOWLEDGING that the establishment of facilities for the preservation, research, breeding, treatment or study of wild animals at which wild animals are temporarily or permanently kept and wildlife and marine reserves is a legitimate expression of state’s obligations; 

 AND ACKNOWLEDGING that the Rules of International Law continue to apply during armed conflict;

 AND ACKNOWLEDGING that facilities for the preservation, research, breeding, treatment and study of wild animals in which wild animals are temporarily or permanently kept and wildlife and marine reserves are essential for preserving and understanding biodiversity and for protecting endangered species and their destruction may constitute wide spread, long lasting and severe damage to the natural environment.

 AND ACKNOWLEDGING that states must take environmental considerations into account when assessing what is necessary and proportionate in the pursuit of legitimate military objectives and that respect for the environment is one of the elements that goes to assessing whether an action is in conformity with the principles of necessity and proportionality; 

 AND ACKNOWLEDGINGthat specific instances of a dire threat to endangered species or protected habitats during armed conflict may result in permanent and severe harm and constitute the irreversible conclusion of widespread damage to the natural environment and further constitute an environmental emergency.

 AND ACKNOWLEDGINGthat an intentional attack during armed conflict with the knowledge that such an attack will cause widespread, long term and severe damage to the natural environment and which would clearly be excessive to the overall military advantage anticipated constitutes a war crime.

 AND ENDORSING the call for a Universal Declaration of Animal Welfare which speaks of a more humane treatment of animals; 

 AND, THEREFORE, callingon the United Nations to pass a Resolution:

        I.      EXPRESSING graveconcern regarding the plight of wild animals in captivity and in the wild and the threat to wildlife and marine reserves in times of armed conflict;

     II.      AND ACKNOWLEDGING the need for the continuation of research and conservation during periods of armed conflict;

  III.      AND COMMENDING the sacrifice and bravery of those persons who continue to protect and maintain wild animals in captivity and wildlife and marine reserves during periods of armed conflict;

  IV.      AND CALLING on member states to enter into treaties and review existing treaties to provide for:

                 THE PROHIBITION on the use of facilities for the preservation, research, breeding, treatment and the study of wild animals at which wild animals are kept either temporarily or permanently and wildlife and marine reserves for military operations by member states during armed conflict;

                 THE PROHIBITION on the treatment of facilities for the preservation, research, breeding, treatment and study of wild animals at which wild animals are kept either temporarily or permanently or wildlife or marine reserves as military targets by member states unless such facilities or reserves have consistently and despite warning been used for military operations;

                 THE OBLIGATION on member states of parties involved in armed conflict to respect and protect facilities for the preservation, research, breeding, treatment or study of wild animals where wild animals are kept either temporarily or permanently and wildlife and marine reserves;

                 THE OBLIGATION to accord personnel who work in facilities for the preservation, research, breeding, treatment and study of wild animals where wild animals are kept either temporarily or permanently and wildlife and marine reserves with equivalent status and protection to medical and religious personnel under the Geneva Conventions and the Additional Protocol and to provide for their identification and appointment where necessary by neutral states;

                 THE OBLIGATION on neutral states to co-operate to the fullest extent possible with conflicting parties to assume the responsibilities of conflicting parties in respect of trans-boundary wildlife areas in which those neutral states have existing responsibilities.

                 THE OBLIGATIONon the Security Council, regional peace keepers and member states to include conservationists and environmental experts in delegations tasked with negotiating, concluding, monitoring and policing ceasefires and the peaceful settlement of armed conflict.

                 A MANDATEfor the Security Council to intervene in armed conflict and to deploy force where necessary to prevent environmental emergencies where a failure to do so would result in the extinction of a species or irreversible destruction of a protected natural habitat.

             THE RECOGNITION of the following acts during armed conflict as war crimes:

 (i)                 the deliberate or systematic slaughter of endangered species;

 (ii)               the deliberate or systematic destruction of protected natural habitats; 

 (iii)             the deliberate attack on facilities for the preservation, research, breeding, treatment or study of wild animals where wild animals are kept either temporarily or permanently and wildlife and marine reserves unless such facility or reserve has consistently and despite warning been used for military operations; or directing attacks at personnel who work at such facilities or at such reserves; and

 (iv)             the use of the threat of slaughter of endangered species as a negotiating tool during armed conflict.

 We believe that there will remain no universal acceptance of the value of biodiversity until the largest and most obvious examples of a diverse animal planet are abandoned when people go to war.

 We request the United Nations to seize the opportunity to adopt this call for a more humane treatment of the natural environment in times of armed conflict.

 THE EARTH ORGANIZATION

Assisted by

Barkers Attorneys

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