Executive Summary
This thesis analyzes Iraq's use of oil as a weapon during the 1991 Gulf War, examining the legality of the Sea Island Terminal oil spill and oil well fires under international environmental law and the law of armed conflict. It concludes that these actions violated both international environmental law and the law of armed conflict, but notes the practical difficulties in enforcing accountability through war crimes trials.
Why It Matters
This document provides a detailed legal analysis of environmental warfare tactics used during a major conflict, offering insights into the application and limitations of international law in wartime for defense analysts.
Key Takeaways
- Iraq's oil spill and oil well fires during the 1991 Gulf War violated both international environmental law and the international law of armed conflict.
Source evidence · PDF page 58
The spilling of a large quantity of crude oil in the Persian Gulf at Sea Island Terminal and the igniting of over 500 oil well fires were violations of international environmental law in that they violated Iraq's duty, as a party to the Kuwait Regional Convention, to prevent the pollution of the Persian Gulf by discharges from ships, dumping from ships and discharges from land (including air-borne means).
- The actions specifically breached Iraq's duties under the Kuwait Regional Convention and customary international law, including the Hague IV Regulations and Geneva Conventions.
Source evidence · PDF page 102
The spilling of a large quantity of crude oil in the Persian Gulf and the igniting of over 500 oil well fires by Iraq were violations of the international law of armed conflict. These acts violated customary international law as evidenced by Articles 23(g) and Art. 55 of the Hague IV Regulations.
- Despite the clear violations, war crimes trials for these actions were deemed unachievable due to political realities and procedural difficulties, highlighting challenges in international law enforcement.
Source evidence · PDF page 120
Although highly attractive to legal theorists and politicians, war crimes trials in light of the decision not to press for total victory over Iraq are simply not achievable. Perhaps most telling about the war crimes trial enforcement mechanism embodied in the 1949 Geneva Conventions is that it has never been used in over forty years since the Conventions were signed.
Strategic Relevance
The strategic relevance lies in understanding the legal frameworks governing environmental damage in warfare and the challenges of accountability for such actions. It informs discussions on future environmental protection in armed conflicts and the efficacy of international legal instruments.