The International Law Commission Between Codification, Progressive Development, or a Search for a New Role

Armed conflicts and the environment: The International Law Commission’s new draft principles

“…98 It has been argued in this respect that the Commission should clearly indicate which parts of a given text are to be seen as codification and which as progressive development, given that most of its products are not transformed into treaties but continue an independent existence. 99 It is against this background that the commentary's clarification of the legal nature of the draft principles on the protection of the environment in relation to armed conflicts should be viewed. This clarification addresses both the form of 'draft principles' and the normative value of the draft principles.…”