This article examines the intersection of International Humanitarian Law (IHL) and International Environmental Law (IEL) in the protection of the marine environment during armed conflict, with particular focus on areas beyond national jurisdiction under the “common heritage of mankind” principle. It argues that while IHL provides limited safeguards against environmental harm, its scope remains inadequate to address the complex ecological threats posed by modern warfare at sea. IEL, particularly the United Nations Convention on the Law of the Sea (UNCLOS) and related instruments, continues to apply in times of armed conflict and may fill the regulatory gap left by IHL. Using a doctrinal legal research approach, this study analyzes relevant treaties, international case law, and soft law principles such as the PERAC Guidelines and the Martens Clause. The findings suggest that IEL should not be suspended during hostilities and must be interpreted harmoniously with IHL to ensure effective protection of the global commons. The article concludes that reconciling IHL and IEL is necessary to strengthen legal safeguards for the marine environment, emphasizing the role of states, international organizations, and judicial bodies in operationalizing this convergence. This provides a theoretical and practical contribution to international law by advancing an integrated legal framework that upholds both humanitarian and environmental values in maritime armed conflict.
Ifahda Pratama Hapsari (Mon,) studied this question.