Environmental Crimes

I recently read an article in the NAEP (National Association for Environmental Professionals) journal that was really eye opening. It explored the question of who should be held responsible for environmental crimes and what is the exact definition of environmental crime. The article brought forth the examples of Kuwait, Hiroshima and Vietnam as environmental casualties of war. The authors argue that it is essential to legitimize the idea of environmental crimes so that someone is held accountable in the aftermath of a war. As a child, I remember watching on TV the oil wells in Kuwait burn for days. This was before I was an environmental advocate so it never occurred to me to be worried about the massive amounts of pollution being released into the atmosphere from these fires. Now, that I have a better understanding of pollution I find it horrifying that these things are allowed to go unpunished. The Vietnam War was a little before my time but I definitely learned about it many times in school and Agent Orange was only mentioned in passing. However, this was a major destructive force in the war, in addition to weapons and artillery. According to the article the US used 1.84 million gallons of Agent Orange between June 1962 and January 1971. The US used this chemical to eliminate Vietnamese camouflage and destroy food supplies of the Viet Cong. However, exposure to this chemical has caused a higher incidence of non-Hodgkin's lymphoma in American soldiers. I am sure that there are many undocumented consequences for the Vietnamese as well.
I understand that war is hell, but there are standards for war, i.e. the Geneva Convention. But it seems that when it comes to environmental and human health damage countries are never properly punished. Currently, there is no international legal framework by which standards can be set and people/countries can be prosecuted for crimes. Many countries have strict laws against pollution and environmental crimes but once you add war across international borders to the mix it becomes a lot more murky. There is also the question of what is considered an environmental crime? What is the exact definition of environment? How do you prove deliberate actions?
This article was quite thought provoking and made me consider an aspect of environmental harm that I had not previously thought of. I would love to hear some thoughts on this topic....