The Legal Protection of the Environment in Armed Conflicts

2016 ◽  
Author(s):  
Akinbobola Olukayode Olugbemi
Keyword(s):  
Legal Protection ◽  
Armed Conflicts

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

scholarly journals DEBATE: Should the obligations of states and armed groups under international humanitarian law really be equal?

2011 ◽  
Vol 93 (882) ◽  
pp. 425-442 ◽  
Author(s):  
Marco Sassòli ◽  
Yuval Shany
Keyword(s):  
Legal Reasoning ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Humanitarian Action ◽  
Third Dimension ◽  
Image Position

By introducing a new ‘debate’ section, the Review hopes to contribute to the reflection on current ethical, legal, or practical controversies around humanitarian issues. This section will expose readers to the key arguments concerning a particular contemporary question of humanitarian law or humanitarian action.For this first debate, the Review asked two members of its Editorial Board, Professor Marco Sassòli and Professor Yuval Shany, to debate on the topic of equality of states and armed groups under international humanitarian law. Professor René Provost comments on this debate, adding a third dimension to the discussion.The crucial question is whether it is realistic to apply the current legal regime to non-state armed groups. How can armed groups, with sometimes very limited means and low levels of organization, meet the same obligations as states? What are the incentives for armed groups to respect rules that their opponents have enacted? Why should they respect any rules when the very fact of taking arms against the state already makes them ‘outlaws’?All participants in this discussion share an aspiration to ensure better legal protection for all those affected by armed conflicts. Professors Sassòli and Shany have agreed to present two ‘radically’ opposed stances, Professor Sassòli maintaining that equality should be reconsidered and replaced by a sliding scale of obligations, and Professor Shany rebutting this assertion. Professor Provost then reflects on the stances put forward by the two debaters and invites us to revisit the very notion of equality of belligerents.The debaters have simplified their complex legal reasoning for the sake of clarity and brevity. Readers of the Review should bear in mind that the debaters actual legal positions are more nuanced than they may appear in this debate.

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 PREVENT ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT

2018 ◽  
Vol 5 (2) ◽  
pp. 72-99
Author(s):  
Z. M. Jaffal ◽  
W. F. Mahameed
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
Protection Method ◽  
Enforcement Mechanisms

International humanitarian law consists of different rules that are used for protecting people and restricting the methods of warfare. The application of international humanitarian law is not only limited to the protection of victims related to armed conflicts during the outbreak of hostilities; however, it is also helpful for protecting the victims of these conflicts, including environment. The legal rules for the protection of environment in armed conflict also provide legal protection for the environment during the outbreak of hostilities. The study is divided into several sections, starting from environmental damage in the context of warfare. Afterward, the study discusses the importance of preventive measures in armed conflicts. Furthermore, the properties of prevention protection of environment are discussed including cultural property, engineering installations and protected areas near hospitals and safety zones. The study has shown positive consequences of preventive protection method in both the conduct and the outbreak of hostilities. A set of mechanisms or legal procedures is imposed under humanitarian conventions to provide preventive protection to the environment. The principles of humanitarian law have been developed and enforced through the actions of the Red Cross. However, proved nonetheless to be insufficient to prevent environmental destruction. Principally, the enforcement mechanisms hindered the effectiveness of the provisions. In contrast, several conditions for the possibility of registering cultural property in the international register of cultural should be encouraged based on special prevention mechanisms so that the humanitarian conventions can take serious considerations towards it.

scholarly journals Legal Protection of Children from Recruitment and Participation in Hostilities in the Light of the Provisions of the International Law and Iraqi National Legislations

2018 ◽  
Vol 1 (126) ◽  
pp. 474-503
Author(s):  
Firas Naeem Jassim
Keyword(s):  
At Risk ◽  
International Law ◽  
Legal Protection ◽  
Armed Conflicts ◽  
Community Members ◽  
The Third ◽  
Terrorist Groups

Children are the most community members who are at risk of getting harm and be in danger at the time of armed conflicts, and often the parties of the conflicts exploit children by recruiting them and engaging them in hostilities. This phenomenon is one of the serious violations done by terrorist groups that emerged after 2003 and suffered by Iraqi children.                                                                                                                            This research falls into three parts. The first part deals with the recruitment and involvement of children in hostilities and the resulted consequences. The second part sheds light on the international guarantees for the protection of children from recruitment and participation in hostilities. The third part describes the legal protection of children from recruitment and participation in hostilities in the light of Iraqi legislations.                   The research ends up with the conclusions as well as recommendations that may contribute to enhancing the protection of children involved in armed conflicts.     

scholarly journals The legal protection of persons living under the control of non-State armed groups

2021 ◽  
pp. 1-30
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Services ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Rebel Governance

Abstract In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.

13 Protection of Prisoners in Armed Conflict

2021 ◽  
Author(s):  
Krähenmann Sandra
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Sources Of Information ◽  
Prisoner Of War ◽  
Legal Obligations

This chapter discusses the legal protection of prisoners in any armed conflict and prisoner-of-war status in international armed conflicts. The protection of prisoners in armed conflict is based on ethical, military, and political elements. The humane treatment derives from fundamental legal obligations and the conviction that captured enemies no longer pose any threat to the lives of persons nor to the detaining power. While specific forms and procedures of treatment may be influenced by the former conduct of the prisoner during the combat, for example the use of prohibited weapons, attacks against protected persons, or perfidious acts, standard rules of protection apply. These are deeply rooted in international humanitarian law and human rights. Military considerations also play an important role in the treatment of prisoners in armed conflict. In principle, prisoners are of military value to the adversary. They can be used as sources of information or to influence their comrades who are still fighting. On the other hand, taking and detaining prisoners can impede the detaining power's military operations.

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