ABSTRACT

This chapter discusses experiences in which judicial bodies have adjudicated environmental wrongs committed during armed conflict. It deals with civil and with criminal tribunals. The chapter presents examples involving international tribunals first, followed by examples involving national courts. It seeks to provide insight into how the use of tribunals to address wartime environmental wrongs can expand in the future. The chapter explores the Taylor case has several elements in common with other international criminal cases. Regional and national prosecutions complement International Criminal Court (ICC) prosecutions. As noted earlier, limited prosecutorial resources lead the ICC to focus on those individuals who bear the greatest responsibility for international crimes within its jurisdiction. The judicial bodies include a wide range of institutions—from permanent international courts to ad hoc international courts, regional courts, national courts, and arbitral bodies adjudicating cases against countries, individuals, and corporations.