Protecting the Silent Victim from Irregular Actors: Improving Non-State Compliance with the International Law of Environmental Protection in Armed Conflict

2012 ◽  
Author(s):  
Catriona McKay
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Armed Conflict ◽  
State Compliance

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals Critical perspectives on environmental protection in non-international armed conflict: Developing the principles of distinction, proportionality and necessity

2019 ◽  
Vol 32 (4) ◽  
pp. 759-779
Author(s):  
Tara Smith
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Armed Conflict ◽  
Critical Examination ◽  
Ongoing Debate ◽  
Customary International Law ◽  
Military Necessity ◽  
International Law Commission ◽  
Law Commission ◽  
Critical Perspectives

AbstractThis article presents a timely and relevant critical examination of the customary international law principles of distinction and proportionality, and the doctrine of military necessity and the extent to which they can be better interpreted to protect the environment during the conduct of hostilities in non-international armed conflict. In so doing, this article contributes new perspectives to the ongoing debate on how environmental protection ought to be enhanced during non-international armed conflict. The article also suggests ways in which the International Law Commission (ILC) might approach the development of draft principles based on these customary principles as part of their current programme of work.

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.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

Substantive Right to Life Obligations

2018 ◽  
Author(s):  
Ian Park
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Right To Life ◽  
Military Operation ◽  
General Terms ◽  
The Right

There is a difference between a State’s substantive and procedural right to life obligations. This chapter explores what amount to a state’s substantive right to life obligations with reference to Article 2, ECHR and Article 6, ICCPR. The respective provisions are analysed to determine the extent of a state’s substantive right to life obligations during armed conflict and then a comparison between the two international law instruments is undertaken. In order to undertake such a comparison, the exceptions to the right to life in both the ECHR and ICCPR are examined. Once determined, the planning and conduct of a military operation are considered, to assess the extent to which, in general terms, right to life obligations are considered in these areas.

Introduction

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Research Methodology ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Normative Framework ◽  
Comprehensive Examination

This chapter introduces the central aim of this book: to provide a comprehensive examination of the notion, process, and effects of internationalization of armed conflicts in international law. It presents a brief research overview, outlining the scope of the enquiry, the research methodology, and the structure of the book. It then lays out the conceptual and normative framework for the rest of the book. To that end, it first justifies the need for the present study by confirming the continuing distinction between international and non-international armed conflicts in international law. Then, it puts forward a conception of internationalization that expresses the legal transformation from a non-international to an international armed conflict.

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