Criminal Accountability or Civil Liability: Which Approach Most Effectively Redresses The Negative Environmental Consequences of Armed Conflict?

Author(s):  
Tara Smith
2011 ◽  
Vol 11 (3) ◽  
pp. 589-605
Author(s):  
Lucy Reed

AbstractThis article provides a descriptive account of rulings of the Eritrea-Ethiopia Claims Commission (EECC) related to harms inflicted during the Ethiopia-Eritrea armed conflict that disproportionately affected women. Following the introduction, it presents a brief overview of the creation of the EECC and its jurisdiction, procedure and rulings. It then discusses the EECC's rulings on sexual violence, describing the special considerations for applying its standard and quantum of proof in relation to liability and damages in rape claims. The next part focuses on the import of the EECC's rulings in relation to expelled and other displaced civilians (including internally displaced persons), who were largely women and other vulnerable populations. Although the EECC did not, for the most part, find displacement itself to be a violation of the jus in bello, it did award significant amounts of compensation for harms suffered by expelled and displaced civilians and for relief provided to such persons, who were predominantly women and other vulnerable populations, as well as for Eritrea's violation of the jus ad bellum.


2021 ◽  
Author(s):  
Peter Maurer

Armed conflicts have direct and indirect impacts on the natural environment, and climate risks now magnify this harm for dependent communities. Too often, the natural environment is directly attacked or suffers incidental damage as a result of the use of certain methods or means of warfare. It is also at risk from damage and destruction to the built environment, across urban and rural areas. To reduce this harm, parties to armed conflict can integrate legal protections for the environment into their armed forces’ doctrine to reduce damage as they fight. Humanitarians in turn must commit sufficient resources and expertise to respond to the needs of those coping with the environmental consequences of conflict, and limit their own climate and environmental footprint. In order to address this challenge, in November 2020 the ICRC released the Guidelines on the Protection of the Natural Environment in Armed Conflict which aim to contribute in a practical way to promoting respect for and protection of this precious asset during armed conflicts.


2021 ◽  
pp. 393-400
Author(s):  
Barry S. Levy

War and other forms of armed conflict cause many adverse effects on health and the environment, including morbidity and mortality due to weapons; damage to the health-supporting infrastructure of society; contamination of air, water, and soil; forced displacement; violation of international agreements and human rights; diversion of resources; and promotion of additional violence. While conventional weapons account for the vast majority of fatal and non-fatal injuries during war, weapons of mass destruction (including nuclear and radiological weapons, chemical weapons, and biological agents) as well as antipersonnel landmines and unexploded ordnance pose additional threats. Public health workers and other health professionals can help to minimize the health and environmental consequences of war and other forms of armed conflict and to help end war itself. Categories of preventive measures include documentation; education and awareness-raising; advocacy and support for policies and programmes to minimize the consequences of, and help to reduce the risks of, war and other forms of armed conflict; and provision of preventive services. Public health frameworks of prevention can be useful in identifying opportunities for prevention and designing, implementing, and improving policies and programmes. These frameworks include levels of prevention (primary, secondary, and tertiary) and the host-agent-environment model.


Author(s):  
Bothe Michael

This chapter describes the protection of the environment in relation to armed conflict. Armed conflicts have had serious consequences on the environment which may last a long time after a conflict has ended. Starting in the 1970s, the matter of the protection of the environment during times of armed conflict became the object of political initiatives and controversy. In recent years, efforts to develop, or at least codify, international law concerning the protection of the environment in relation to armed conflict were revived. In 2011, the International Law Commission (ILC) decided to include the topic ‘Protection of the Environment in relation to Armed Conflict’ to its work programme. The formulation of the subject means that the ILC is not only concerned with environmental damage caused during armed conflict, but also with measures that might be taken in peacetime and with environmental consequences of an armed conflict after the end of the conflict, for example toxic remnants of war.


2021 ◽  
pp. 1-4
Author(s):  
Peter Maurer

Armed conflicts have direct and indirect impacts on the natural environment, and climate risks now magnify this harm for dependent communities. Too often, the natural environment is directly attacked or suffers incidental damage as a result of the use of certain methods or means of warfare. It is also at risk from damage and destruction to the built environment–including industrial complexes, combustible storage and processing facilities, factories and plants, agricultural facilities, and waste sites–across urban and rural areas. Parties to armed conflict can integrate legal protections for the environment into their armed forces’ doctrine to reduce damage as they fight. Humanitarians in turn must commit sufficient resources and expertise to respond to the needs of those coping with the environmental consequences of conflict, and limit their own climate and environmental footprint. In order to address this simmering challenge, in November 2020, the ICRC released the Guidelines on the Protection of the Natural Environment in Armed Conflict that aims to contribute in a practical way to promoting respect for and protection of this precious asset especially, during armed conflicts.


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