Key Findings and Recommendations

doi:10.1017/9781009057301.023

22 - Key Findings and Recommendations

from Part V - Towards Better Protection of Animals in Wartime

Published online by Cambridge University Press: 06 October 2022

Jérôme de Hemptinne ,

Anne Peters and

Robert Kolb

Edited by

Anne Peters ,

Jérôme de Hemptinne and

Robert Kolb

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Anne Peters: Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne: Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb: Affiliation:
Université de Genève

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Summary

Animals are highly vulnerable in war. However, they are only incidentally protected by international humanitarian law, namely as mere objects (or property), as specially protected objects, as part of the environment, as endangered species, as war weapons, or as means of medical transport, search and rescue. They are neither treated as ‘subjects of protection’ nor are they granted any rights. The research has revealed that the few international humanitarian law provisions that could potentially apply to animals have rarely been enforced or effectively implemented by international courts and tribunals. In light of these general observations, the concluding chapter summarises the key findings of the study. It highlights the main legal challenges that an agenda of protection of animals during warfare faces. It then formulates recommendations for addressing these challenges with a view to strengthening and developing the legal framework.

Keywords

sentient beings animal welfare animal dignity evolutionary reading dictates of public conscience Martens Clause standards of protection subjective rights

Type: Chapter
Information: Animals in the International Law of Armed Conflict , pp. 385 - 404

DOI: https://doi.org/10.1017/9781009057301.023 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2022

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References

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Dapo, Akande Rodin, David and Welsh, Jennifer (eds.), The Individualisation of War (Oxford: Oxford University Press 2022).Google Scholar

de Hemptinne, Jérôme, ‘Challenges Regarding the Protection of Animals During Warfare’, in Peters, Anne (ed.), Studies in Global Animal Law (Heidelberg: Springer 2020), 173–83.Google Scholar

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Peters, Anne, ‘Toward International Animal Rights’, in Peters, Anne (ed.), Studies in Global Animal Law (Heidelberg: Springer 2020), 109–20.CrossRef Google Scholar

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