Water During and After Armed Conflicts

Mara Tignino, Ph.D. (2008), Graduate Institute of International and Development Studies, is Senior Lecturer at the Faculty of Law of the University of Geneva and Coordinator of the Platform for International Water Law at the Geneva Water Hub. She has published monographs and is editor of books in international water law.

• IntroductionA. The Protection of Water under International Humanitarian LawI. The Protection of Access to Water1. The Protection of Objects Indispensable to the Survival of the Civilian Population2. The Prohibition on Attacking Works and Installations Containing Dangerous ForcesII. Water and Environmental Protection Under International Humanitarian Law1. The Environment as a Civilian Object2. The Prohibition on Causing Widespread, Long-Term and Severe Impacts on the Environment in Times of Armed ConflictIII.General Principles of International Humanitarian Law and the Protection of Water Resources1.The Martens Clause2.The Principle of Proportionality and the Obligation to Take Precautionary Measures3.The Principles of Discrimination and DistinctionIV.Strengthening the Protection of Water Resources: International Criminal Law1.The Statute of the International Criminal Court2.The Arrest Warrant against President Omar Al BashirV.ConclusionB.The Protection of Water under International Water LawI.Water Treaties and Armed Conflicts1.The Role of the International Law Association (ILA) in the Development of Principles on the Protection of Water Resources in Times of Armed Conflict2.General Principles Applicable to the Effects of Armed Conflicts on Treaties: The Role of the Institute of International Law (IIL) and the International Law Commission (ILC)II.International Environmental Law and the Protection of Water1.The Applicability of Instruments Protecting the Environment to Water Resources2.Multilateral Environmental Agreements (MEAs) and Water3.The Protection Offered by International Customary LawIII.The Practice of International Watercourse Treaties and Armed Conflicts1.The Specific Solutions Found in International Watercourse Treaties2.The Normative Impact of International Humanitarian Law on International Water Law3.The Application of International Watercourse Treaties in Times of Armed Conflict4.The Danube River and Armed ConflictsIV.ConclusionC.The Protection of Water Under Human Rights LawI.Access to Water in Human Rights Law1.Normative Content of the Human Right to Water2.Instruments of International Water Law and the Human Right to Water3.The Protection of the Human Right to Water in Times of Armed ConflictII.The Human Right to Water and Protection of the EnvironmentIII.United Nations Investigatory Mechanisms and the Human Right to WaterIV.ConclusionD.Post-Conflict, Peace-building and WaterI.Humanitarian Aid and Communities Affected by Environmental DamageII.Humanitarian and Environmental AssistanceIII.Disarmament Law and the Obligations of Environmental Clean-UpIV.Post-Conflict Legal Avenues to Protect the Human Right to WaterV.ConclusionPerspectives: A Specific Instrument Dedicated to the Protection of Water During and After Armed Conflicts?Bibliography