Goran Sandić
Imagine walking through a field once vibrant with life, now silent with hidden dangers. Long after the echoes of war have faded, landmines remain, waiting to claim their next victim. Landmines represent a significant and enduring means of warfare. These explosive devices, strategically buried underground, scattered on the surface, or even remotely delivered (e.g., via artillery), are designed to detonate upon being triggered, typically through pressure. As defined by Article 2 of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (Amended CCW Protocol II), a mine “means a munition placed under, on or near the ground or other surface area and designed to be exploded by the presence, proximity or contact of a person or vehicle”.
One of the most troubling aspects of landmines is their potential to cause indiscriminate damage; they do not distinguish between civilians and combatants. Post-conflict, landmines can remain dormant for years, even decades, until they are inadvertently triggered by a victim, or cleared through demining operations. During this time, landmines can contaminate the environment, affecting both soil and water, harming ecosystems and human health alike.
Gaps still remain – while the current framework clearly defines the identification and allocation of costs for landmine identification and clearance, expenses related to further environmental remediation remain undefined. This post proposes that the “polluter pays” principle, (PPP) drawn from international environmental law (IEL), can complement the existing international humanitarian law (IHL). Far from competing with or dismissing the substantial legal tools already in place, the PPP can serve as a complementary interpretive tool. While PPP could, in theory, be applicable to any environmental damage caused by warfare or other actions of a party to an armed conflict, this post focuses on landmine pollution.
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