No War Against Nature: Protection of Environment During Armed Conflict under Islamic Law and International Humanitarian Law

Abstract

This article examines the protection of the natural environment in the context of armed conflict from a dual normative perspective, namely Islamic legal tradition and International Humanitarian Law (IHL). It argues that environmental preservation has become an essential prerequisite for the survival and sustainability of human life in the contemporary world, particularly in light of increasing ecological degradation caused by industrial expansion, military activity, and the pursuit of economic and strategic interests. The study highlights that both legal systems, despite their distinct historical and doctrinal origins, converge on the principle that the natural environment must not be subjected to unnecessary destruction. From the perspective of IHL, the article analyses relevant treaty provisions, customary norms, and interpretive guidance, particularly the principles of distinction, proportionality, and military necessity, as well as the provisions of Additional Protocol I and the guidelines issued by the International Committee of the Red Cross. It demonstrates that modern IHL increasingly recognizes the natural environment as an object of protection during armed conflict, subject to specific limitations on the means and methods of warfare. In parallel, the article explores Islamic teachings derived from the Qur’an, the Sunnah of the Prophet Muhammad (peace be upon him), the practice of the Rightly Guided Caliphs, and classical jurisprudence. It shows that Islamic legal thought establishes a strong ethical and legal framework for environmental stewardship, prohibiting wanton destruction of natural resources even in times of war, except to the extent justified by genuine military necessity. The article concludes that both Islamic law and IHL, despite their different foundations, reflect a shared normative commitment to environmental protection, thereby reinforcing the contemporary imperative of safeguarding the natural environment as a fundamental condition for human survival and dignity.