Law-making at the intersection of international environmental, humanitarian and criminal law: the issue of damage to the environment in international armed conflict

2010 ◽  
Vol 92 (879) ◽  
pp. 593-646 ◽  
Author(s):  
Julian Wyatt
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
The Relationship

AbstractThe relationship between international environmental law and international humanitarian law, like relationships between many other subsystems of contemporary international law, has not yet been articulated. The problem of environmental damage in international armed conflict lies at the intersection of these two branches and thus provides an ideal opportunity to investigate this relationship. Rather than simply evaluating the applicable international law rules in their context, we break them into elements that we separately assess from both (international) environmental law and international humanitarian/international criminal law perspectives. By doing so, we identify how international law rules for cross-sectoral problems may appropriately combine the existing expertise and institutional strengths of simultaneously applicable branches of international law, and also discover how an evaluation of the ultimate appropriateness of the cross-sectoral rules adopted may be substantially affected by the different frames of reference that are used by those working within the different fields.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

Part VII Inter-linkages with Other Regimes, Ch.50 Armed Conflict and the Environment

2021 ◽  
Author(s):  
Bruch Carl ◽  
Payne Cymie R ◽  
Sjöstedt Britta
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Starting Point

This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.

scholarly journals Pengaturan Perlindungan Satwa Terancam di Daerah Konflik Bersenjata

2021 ◽  
Vol 4 (5) ◽  
pp. 2073
Author(s):  
Yunia Utami ndah Haloho
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Biological Diversity ◽  
Extinction Risk ◽  
Environmental Law ◽  
Armed Conflicts ◽  
Risk Level ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Environmental Law

AbstractHumans are often regarded as the only victims that are affected by the armed conflicts. But apparently not only humans, there are also the other living creatures that become the victims of the armed conflicts those are animals included threatened animals. Threatened animals are part of biological diversity that have a high extinction risk level because of the small amount of their populations that requires intensive protection. There are numbers of armed conflicts that happened in the world states where the threatened animals become the victims of it. Threatened animals have to experience the declining of their populations due to the destruction of their habitat, illegal trades of them for financing the conflicts, illegal poaching for their meats, or killed by the weapons that used during the conflicts. The results of this research demonstrates that the International Law through the International Environmental Law and International Humanitarian Law have indirectly provided the regulations about threatened animals in the armed conflict area.Keywords: Threatened Animals; Protection; Regulation.AbstrakManusia sering kali dianggap sebagai satu-satunya korban yang terdampak akibat terjadinya konflik bersenjata. Namun ternyata bukan hanya manusia saja, terdapat makhluk hidup lain yang juga turut menjadi korban akibat dari konflik bersenjata di suatu wilayah negara yaitu satwa termasuk satwa terancam. Satwa terancam yang merupakan bagian dari keanekaragaman hayati memiliki tingkat risiko kepunahan yang tinggi karena populasinya yang sedikit sehingga memerlukan perlindungan yang intensif. Terdapat beberapa konflik bersenjata yang terjadi di berbagai negara di dunia di mana satwa terancam menjadi salah satu korban dari konflik tersebut. Satwa terancam mengalami pengurangan jumlah populasi akibat rusaknya habitat mereka, perdagangan satwa terancam tersebut untuk membiaya konflik, perburuan liar satwa terancam untuk dikonsumsi, atau terbunuhnya satwa terancam akibat terkena serangan senjata yang digunakan dalam konflik. Hasil penelitian ini menunjukkan bahwa Hukum Internasional melalui Hukum Lingkungan Internasional dan Hukum Humaniter Internasional telah sama-sama memberikan pengaturan terkait perlindungan satwa terancam di daerah konflik bersenjata walaupun bukan merupakan pengaturan yang mengatur secara langsung. Kata Kunci: Satwa Terancam; Perlindungan; Pengaturan.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

States' entitlement to take action to enforce international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 177-195 ◽  
Author(s):  
Kamen Sachariew
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Human Life ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Lasting Peace ◽  
The Relationship ◽  
Ultimate Purpose

The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.

Sources of International Humanitarian Law and International Criminal Law

2018 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
The Impact

This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.

scholarly journals Means and methods of combat - differing parameters and requirements of military necessity in international humanitarian law and international criminal law

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Committee ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Doctrine ◽  
Military Necessity

<p>The concept of military necessity is of fundamental importance for International Humanitarian Law (IHL), International Criminal Law (ICL) and International Law, generally. States and individuals have used military necessity as a justification when extraordinary situations “require the adoption of measures departing from the normally applicable law in order to protect basic values and fundamental interests.”1 Measures adopted on the grounds of necessity have been accepted at international law by international courts and tribunals, state practice, and international legal doctrine. This paper will analyse and explain the origins of military necessity under IHL, and how military necessity’s use has developed and influenced the behaviour of actors at international law, primarily during times of armed conflict. Furthermore, this paper will seek to establish the role that military necessity plays at ICL. This will be done by analysing various case law examples of international tribunals where the tribunals have been asked to determine whether military necessity constituted a legitimate justification for a particular course of action taken by an individual, primarily in positions of command. This paper will highlight the circumstances where a legitimate finding of military necessity existed, and will contrast this to occasion where actions did not meet the required threshold. It will also seek to determine how military necessity is interpreted and understood by various international organisations such as the International Criminal Court (ICC), the United Nations (UN), and the International Committee of the Red Cross (ICRC). The paper will begin with by providing an overview of the origins of military necessity under IHL and how it has evolved in its interpretation and usage by authors writing on military necessity, and states seeking to utilise it.</p>

scholarly journals Means and methods of combat - differing parameters and requirements of military necessity in international humanitarian law and international criminal law

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Committee ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Doctrine ◽  
Military Necessity

<p>The concept of military necessity is of fundamental importance for International Humanitarian Law (IHL), International Criminal Law (ICL) and International Law, generally. States and individuals have used military necessity as a justification when extraordinary situations “require the adoption of measures departing from the normally applicable law in order to protect basic values and fundamental interests.”1 Measures adopted on the grounds of necessity have been accepted at international law by international courts and tribunals, state practice, and international legal doctrine. This paper will analyse and explain the origins of military necessity under IHL, and how military necessity’s use has developed and influenced the behaviour of actors at international law, primarily during times of armed conflict. Furthermore, this paper will seek to establish the role that military necessity plays at ICL. This will be done by analysing various case law examples of international tribunals where the tribunals have been asked to determine whether military necessity constituted a legitimate justification for a particular course of action taken by an individual, primarily in positions of command. This paper will highlight the circumstances where a legitimate finding of military necessity existed, and will contrast this to occasion where actions did not meet the required threshold. It will also seek to determine how military necessity is interpreted and understood by various international organisations such as the International Criminal Court (ICC), the United Nations (UN), and the International Committee of the Red Cross (ICRC). The paper will begin with by providing an overview of the origins of military necessity under IHL and how it has evolved in its interpretation and usage by authors writing on military necessity, and states seeking to utilise it.</p>

The Environment and Armed Conflict

2017 ◽  
Author(s):  
Kirsten Stefanik
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Truth Commissions ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Irreversible Damage ◽  
Peace Agreements ◽  
Sustainable Peace ◽  
Fertile Ground

Armed conflict is inherently destructive of the environment. It can cause serious and irreversible damage and threaten the health and livelihoods of individuals and the planet as a whole. International environmental law (IEL) cannot and is not relegated to peacetime, but continues to apply and interact with international humanitarian law (IHL). Therefore, principles of IEL must play a role before, during, and after conflict. This chapter focuses on general principles of IEL, specifically intergenerational equity and the precautionary principle. It demonstrates that these principles can and should be used to interpret and apply existing IHL for civilian and environmental protection. It concludes with a look at peace agreements and truth commissions, arguing that despite limitations of their past use they can provide fertile ground for building sustainable peace.

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