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

Humanitarian 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.

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

10.1017/s1816383110000536 ◽

2010 ◽

Vol 92 (879) ◽

pp. 593-646 ◽

Cited By ~ 6

Author(s):

Julian Wyatt

Keyword(s):

International Law ◽

Criminal Law ◽

Armed Conflict ◽

Environmental Law ◽

Environmental Damage ◽

Humanitarian 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.

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

10.1017/s1816383110000597 ◽

2010 ◽

Vol 92 (879) ◽

pp. 569-592 ◽

Cited By ~ 11

Author(s):

Michael Bothe ◽

Carl Bruch ◽

Jordan Diamond ◽

David Jensen

Keyword(s):

International Law ◽

Armed Conflict ◽

Environmental Law ◽

Environmental Damage ◽

Humanitarian 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.

Liar's war: Protecting civilians from disinformation during armed conflict

10.1017/s1816383121000473 ◽

2021 ◽

pp. 1-24

Author(s):

Eian Katz

Keyword(s):

Armed Conflict ◽

Legal Framework ◽

Humanitarian Law ◽

Human Rights Law ◽

Human Needs ◽

Traditional Classification

Abstract Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.

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

Nordic Journal of International Law ◽

10.1163/15718107-08201003 ◽

2013 ◽

Vol 82 (1) ◽

pp. 21-52 ◽

Cited By ~ 5

Author(s):

Cordula Droege ◽

Marie-Louise Tougas

Keyword(s):

Natural Environment ◽

Armed Conflict ◽

Environmental Law ◽

Legal Protection ◽

Armed Conflicts ◽

Humanitarian 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.

Sivakumaran's ‘Law of Non-International Armed Conflict’: A Criminal Lawyer's Perspective

Israel Law Review ◽

10.1017/s0021223715000072 ◽

2015 ◽

Vol 48 (2) ◽

pp. 253-271

Author(s):

Roberta Arnold

Keyword(s):

Armed Conflict ◽

Legal Framework ◽

Humanitarian Law ◽

Legal Regime ◽

Additional Protocol ◽

Geneva Conventions ◽

Terrorist Groups

One of the least clarified areas of international law is the legal regime applicable to non-international armed conflict (NIAC) – that is, where hostilities occur between state and non-state actors (NSAs) or between two or more NSAs.1 This can be explained by the reticence of states to grant legality to such movements and their preference to label them as criminal movements or terrorist groups.2 The result is that the regulation of NIAC is still limited to the application of Common Article 3 of the Geneva Conventions of 1949 (GCs) and their Additional Protocol II of 1977 (Additional Protocol II or AP II).3 While Common Article 3 provides only a rudimentary framework of minimum standards, Additional Protocol II, which usefully supplements it, is still less detailed than the rules governing international armed conflict (IAC). Moreover, in contrast to Common Article 3,4 it has not yet attained customary status.5 This situation is a source of concern. Faced with the horrors committed in NIACs such as those in Rwanda, Sierra Leone and Liberia in the 1990s, and the awareness of an inadequate legal framework, the international criminal law (ICL) community decided to resort to international human rights law (IHRL) and ICL to fill the gaps of international humanitarian law (IHL) applicable to NIAC.6

Pengaturan Perlindungan Satwa Terancam di Daerah Konflik Bersenjata

Jurist-Diction ◽

10.20473/jd.v4i5.29834 ◽

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 ◽

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.

Why the Prohibition of Enforced Disappearance Has Attained Jus Cogens Status in International Law

Nordic Journal of International Law ◽

10.1163/15718107-08104006 ◽

2012 ◽

Vol 81 (4) ◽

pp. 537-584 ◽

Cited By ~ 5

Author(s):

Jeremy Sarkin

Keyword(s):

International Law ◽

International Criminal ◽

Legal Framework ◽

Criminal Court ◽

Humanitarian Law ◽

International Convention ◽

Historical Developments ◽

Jus Cogens

This article examines the question whether jus cogens includes the prohibition of enforced disappearances, and why this is important. It surveys the meaning, context, development, status and position of jus cogens as well as enforced disappearance in international law, including their relationship to each other. It surveys the status of enforced disappearance in international law in general, as well as in international human rights law, international humanitarian law and international criminal law. The article scans the historical developments of international law, including developments over the last few decades, to indicate that the prohibition against enforced disappearance has attained jus cogens status. The legal framework is examined, including the jurisprudence that has emanated from a variety of sources. Specific treaties that deal with enforced disappearance are reviewed including the Declaration on the Protection of All Persons from Enforced Disappearance, the Inter-American Convention on Forced Disappearance of Persons, the Rome Statute of the International Criminal Court (ICC) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICED). What jus cogens is, what the controversies are that surround it, the different ways that it is understood within different schools of thought, and how these issues impact on whether the prohibition of enforced disappearance has attained jus cogens status are studied. The historical developments around enforced disappearances are examined in some detail to determine what its status is, particularly in relation to state practice, so as to determine whether it is jus cogens.

International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

Pakistan Journal of Humanities and Social Sciences ◽

10.52131/pjhss.2018.0601.0032 ◽

2018 ◽

Vol 6 (1) ◽

pp. 44-58

Author(s):

Sardar M. A. Waqar Khan Arif

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Legal Framework ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

The use of nuclear weapons and human rights

10.1017/s1816383116000096 ◽

2015 ◽

Vol 97 (899) ◽

pp. 663-680

Author(s):

Stuart Casey-Maslen

Keyword(s):

Human Rights ◽

International Law ◽

Nuclear Weapons ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Healthy Environment ◽

The Right

AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

The International Legal Status of Armed Groups: Can One Be Determined Outside the Scope of Armed Conflict?

Israel Law Review ◽

10.1017/s0021223718000067 ◽

2018 ◽

Vol 51 (2) ◽

pp. 321-335 ◽

Cited By ~ 1

Author(s):

Tom Gal

Keyword(s):

Armed Conflict ◽

Legal Status ◽

International Criminal ◽

Legal Framework ◽

Humanitarian Law ◽

Armed Groups ◽

Legal Personality ◽

International Legal Personality

In 2016 Daragh Murray published his book Human Rights Obligations of Non-State Armed Groups (Hart 2016). By way of distinction from many other contributions on this widely discussed topic, Murray tries to provide the reader with a complete overview of the legal framework that enables armed groups to acquire international legal status, and preferably outside the framework of armed conflict. He walks the reader through the path of international legal personality, leading towards the acknowledgement of armed groups as addressees of the law. Murray's attempt is courageous, interesting and innovative, but it has its shortcomings. These include his reliance on international criminal law as a source for defining armed groups, and his insistence on stepping outside international humanitarian law. Nonetheless, his contribution is essential for those who wish to include even more armed groups on the international plane.