Restrictions on the use of force at sea: An environmental protection perspective

2016 ◽  
Vol 98 (902) ◽  
pp. 515-541
Author(s):  
Jinxing Ma ◽  
Shiyan Sun
Keyword(s):  
Environmental Protection ◽  
Armed Conflict ◽  
Environmental Law ◽  
Use Of Force ◽  
Law Of The Sea ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
The Law ◽  
Marine Environmental

AbstractThe restrictions on the use of force at sea exist in different branches of international law: the law of the sea and environmental law, mainly applicable during peacetime, and international humanitarian law (IHL), as the law applicable in times of armed conflict. Different rules from these areas must be compared and analyzed to determine the common principles applicable to restricting the use of force at sea for the purposes of environmental protection. Taking into account the particular problems of protecting the marine environment in the context of the use of force, the law of the sea and international environmental law should be applied to restrict means and methods of using force at sea during armed conflict. The detailed concepts and approaches in the law of the sea and environmental law may complement IHL, and the precautionary principle of international environmental law should be triggered to address the lacunae in IHL protecting the marine environmental during armed conflict.

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.

19 The Law of Non-International Armed Conflict

2021 ◽  
Author(s):  
Fleck Dieter
Keyword(s):  
Twentieth Century ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Basic Principles ◽  
Progressive Development ◽  
Law Of Armed Conflict ◽  
The Law

This chapter provides an overview of the law of non-international armed conflicts and its progressive development. The law of armed conflict, as it has developed in the last part of the nineteenth and the first part of the twentieth century, deals predominantly with wars between states. Its basic principles and rules are, however, likewise relevant for non-international armed conflicts: in all armed conflicts, elementary considerations of humanity must be respected under all circumstances, in order to protect victims, to reduce human sufferings, and to minimize damages to objects vital for survival. Therefore, the parties to the conflict do not have an unlimited choice of the means and methods of conducting hostilities, nor of selecting the targets to be attacked, and they must protect the victims from the effects and consequences of war. This concept is reflected in the principles and rules of international humanitarian law, to be respected by all and, while taking military necessity into account, limiting the use of force for humanitarian reasons. Parties to the conflict respecting these principles and rules are considered as respecting the international order, while those seriously violating them will commit internationally wrongful acts and perpetrators are liable to punishment.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

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.

San Remo Manual on International Law Applicable to Armed Conflict at Sea

1995 ◽  
Vol 35 (309) ◽  
pp. 583-594 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Direct Relevance ◽  
The Law

The law regulating the use of force at sea has long been due fora reevaluation in the light of developments in methods and means of warfare at sea and the fact that major changes have taken place in other branches of international law of direct relevance to this issue. This need was reflected in Resolution VII of the 25th International Conference of the Red Cross, which noted that “some areas of international humanitarian law relating to sea warfare are in need of reaffirmation and clarification on the basis of existing fundamental principles of international humanitarian law” and therefore appealed to “governments to co-ordinate their efforts in appropriate fora in order to review the necessity and the possibility of updating the relevant texts of international humanitarian law relating to sea warfare”.

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.

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.

Rules of Engagement and Humanitarian Law

2020 ◽  
pp. 103-184
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Direct Participation ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Difference

The focus of this chapter is on the law of armed conflict and as such, analyses the influence of international humanitarian law (IHL) on the rules on the use of force, discussing the implementation of specific elements of IHL, in particular the principle of distinction in the rules of engagement (ROE) which authorize the use of force against persons and objects. Further, in discussing the principle of distinction, specific attention is given to the role of ROE as regards targeting persons and objects, including the concept of direct participation in hostilities and the difference between status-based targeting and behaviour-based targeting. This chapter will also explore other elements of the principles of IHL, such as proportionality and precautions in attack.

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.

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.

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