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.

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.

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.

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.

The Protection of the Natural Environment in Armed Conflict – Existing Rules and Need for Further Legal Protection

2013 ◽  
Vol 82 (1) ◽  
pp. 21-52 ◽  
Author(s):  
Cordula Droege ◽  
Marie-Louise Tougas
Keyword(s):  
Natural Environment ◽  
Armed Conflict ◽  
Environmental Law ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
General Rules

Considerable research has been conducted, particularly since the Iraq-Kuwait war of 1991, on the legal protection of the environment in armed conflicts. Much of this research has focused either on the specific protections provided in international humanitarian law (IHL), or on the applicability of international environmental law to situations of armed conflict. Rather than focusing on these specific provisions, this article seeks to examine the general protections under IHL, in particular the characterisation of the natural environment as a civilian object and the legal protection flowing from this characterisation – namely the general rules on the conduct of hostilities. After addressing these general rules, it briefly recalls some other relevant provisions of IHL before turning to possible avenues to strengthen the legal protection of the environment in armed conflict by clarifying or further developing IHL in this respect, taking into account the protection provided by international human rights law and international environmental law.

Ch.Five War Crimes

2020 ◽  
Author(s):  
Werle Gerhard ◽  
Jeßberger Florian
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Historical Development ◽  
Criminal Responsibility ◽  
War Crimes ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Criminal Sanctions ◽  
Humanitarian Operations ◽  
Definition Of

This chapter turns to war crimes. Here, the chapter narrows the definition of ‘war crimes’ to a violation of a rule of international humanitarian law that creates direct criminal responsibility under international law. It then proceeds to examine the historical development of war crimes as part of international humanitarian law as well as criminal sanctions, war crimes in non-international armed conflict, protected interests, and categories of war crimes. Afterward, the chapter describes the overall requirements for an offence to be deemed a war crime. Next, the chapter explores war crimes against persons, against property and other rights, and against humanitarian operations. It also discusses prohibited methods of warfare and the use of prohibited means of warfare. The chapter ends with a coverage of the multiplicity of offences.

14. The law of armed conflict

2021 ◽  
pp. 273-295
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.

Protection of the Environment in Times of Non-international Armed Conflicts – a Gap to be Filled in

2019 ◽  
Vol 78 ◽  
pp. 184-198
Author(s):  
Maria Magdalena Kenig-Witkowska
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Armed Conflict ◽  
Environmental Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Regulations ◽  
International Conflicts ◽  
Law Of Armed Conflict

Environmental protection in times of non-international armed conflicts is not subject to the sectoral or particular protection categories of environmental law and to date it has not been comprehensively regulated by international law. Except for generalities, it was also ignored in the 1992 Rio Declaration Principle 24 of which is not unambiguous in its expression. In fact, only the international humanitarian law of armed conflict contains norms which address the natural environment in times of armed conflicts. On the basis of a review of legal acts addressing the issues of environmental protection in times of non-international conflicts, negative conclusions de lege lata can be drawn as part of an attempt to answer the question whether international law ensures sufficient environmental protection in such circumstances. In the Author’s opinion, in international law there is a gap relating to the protection of the environment in times of non-international armed conflicts; the existing legal regulations which could be applied in these matters have a rudimentary characters.

Sign in / Sign up

Export Citation Format

Share Document