1 - Animals in Wartime

Summary

After recalling the context and purposes of the research, the chapter introduces the main challenges raised by the legal protection of animals during warfare: the silence of international humanitarian law on the issue, the difficulty in identifying which animals should be safeguarded, the inaptitude of international humanitarian law to adequately protect animals, and the ambivalent nature of the violence inflicted upon animals in wartime. The chapter then introduces the principal paradigms on which the legal protection of animals is grounded: animal species conservation regimes, animal welfare norms and animal rights. It subsequently emphasises three specific difficulties posed for animals by the current state of international law: the animal welfare gap in international law, the tension between species conservation and concern for individual animal welfare, and the fact that notably international trade and financial law has stymied animal welfare and protection efforts. The chapter then explores options to face these challenges while making best use of the legal strategies available within the existing normative framework. Potential new directions for developing international law on armed conflict are finally identified.