by Shontelle Grimberg
International humanitarian law falls short in protecting the environment and vulnerable persons, namely Indigenous Peoples, during armed conflicts under the Geneva Conventions. Indigenous Peoples disproportionately experience the impacts given their connection to ancestral lands including in Myanmar and Colombia. However, modern interpretations of the field’s Martens clause used to “other” Indigenous Peoples, can per “the principles of humanity”, open the door to Indigenous knowledge and international environmental law, international human rights law and international criminal law principles. The result being a holistic, less colonial and anthropocentric international humanitarian law better protecting the environment and Indigenous Peoples during armed conflicts.
Keywords: Coordination of international humanitarian law; the Martens clause, modern interpretations; better protection of the environment and vulnerable persons; Indigenous Peoples; protected zones; peace parks; Salween Peace Park; Special Jurisdiction of Peace; integration of international environmental law, international human rights law and international criminal law principles with international humanitarian law; decoloniality.
