Environmental Accountability in Warfare: The Failure of International Environmental Law During the US–Iran War 2026

Abstract

This study examines the inability of International Environmental Law (IEL) to hold states liable for environmental harm resulting from attacks on oil facilities in the Persian Gulf region during the US – Iran War 2026. Current IEL instruments, i.e., Additional Protocol I and the Rome Statute, ambiguous anthropocentric thresholds which have proven ineffective in stopping or condemning environmental harms in armed conflict. The delicate, semi-enclosed marine environment of the Persian Gulf magnifies the effects of hydrocarbon war. This study uses qualitative tracing analysis to examine the environmental life cycle of specific strikes and doctrinal legal analysis of ILC Draft Principles and the Rome Statute. Attack on oil infrastructure results in transboundary air, soil and marine contamination that widespread, long-term and severe damage as required by IHL. Due to unclear legal thresholds, attribution problems, and non-binding instruments, there is accountability gap. IEL needs to be radically reimagined to meet the needs of contemporary hydrocarbon warfare.