Diego Garcia: British American Legal Black Hole in the Indian Ocean?

Abstract

Environmental risks from US military construction on the atoll of Diego Garcia (British Indian Ocean Territory) since 1971 include damage caused by large-scale coral mining , the introduction of invasive alien plant species, continuous transits of nuclear material and unreported major fuel spills; these risks are now compounded by those of sea-level rise and ocean acidification due to global climate change. The US and UK governments have evaded accountability by way of a persistent black hole strategy, contending that some national laws and international treaties for the protection of human rights and the environment do not apply to the island a position confirmed by a controversial appellate judgment of the House of Lords in October 2008, essentially relying on prerogative colonial law. This article draws attention to the fallacy of the black-hole syndrome, and to its potentially fatal consequences for the British claim to a 200-mile environment protection zone in the Chagos Archipelago.

Keywords: marine environment military impacts, human rights, biodiversity, climate change, law of the sea, environment protection zones