Description : Armed conflict and military activities have serious adverse impacts on the environment. Modern weaponry, troop movements, landmines, hazardous military waste, and the destruction of forests for military use are a few sources of harm to the environment both during armed conflict and peacetime military activities. Ecological assaults in combat areas are often kept a secret by the government, resulting in even greater humanitarian and environmental harm. Environmental degradation is increasingly being recognized as one of the most significant challenges of the 21st century and its effects are being felt worldwide. Both domestic and international legislations have been inadequate in mitigating the impact of military activities. This book provides details of the environmental destruction wreaked during international and non-international armed conflicts and argues that the existing legal regime for the protection of the environment during armed conflict requires substantial modification. It puts forward the view that though it is inconceivable to impose an absolute ban on environmental damage during military operations, strengthening and clarifying the existing laws protecting the environment in times of conflict, and enforcing environment-friendly practices among military forces could go a long way in protecting natural assets of our earth.
Description : This report inventories and analyses the range of international laws that protect the environment during armed conflict. With a view to identifying the current gaps and weaknesses in this system, the authors examine the relevant provisions within four bodies of international law - environmental humanitarian (IHL), international criminal law (ICL), international environmental law (IEL), and international human rights law (HRL). The report concludes with twelve concrete recommendations on ways to strengthen this legal framework and its enforcement. The Environment and Natural Resources are crucial for building and consolidating peace, it is urgent that their protection in times of armed conflict be strengthened. There can be no durable peace if the natural resources that sustain livelihoods are damaged or destroyed. This report provides a basis upon which Member States can draw upon to clarify, expand and enforce international law on environmental protection in times of war.
Description : 'Environmental Protection, Security and Armed Conflict is a timely reminder of the need to integrate sustainable development into key areas of international law, including all phases of armed conflict. Onita Das cleverly picks her way through the applicable law and derives solid suggestions for the future.' – Karen Hulme, University of Essex, UK This book explores environmental protection relevant to security and armed conflict from a sustainable development perspective. The author details how at each stage of the armed conflict life cycle, policy, law and enforcement have fallen short of the sustainable development model and concludes with a set of suggestions for how to address this pressing concern. The book considers and discusses: • Environmental protection relevant to security and armed conflict from a holistically sustainable development perspective. • Environmental protection relevant to security and armed conflict in the life cycle of armed conflict: pre-conflict, in-conflict and post-conflict • Uses substantive sustainable development principles (duty of states to ensure sustainable use of natural resources; equity and the eradication of poverty; common but differentiated responsibilities; precautionary principle; public participation; good governance; integration and interrelationship; and polluter pays principle) as tools or objectives to achieve sustainable development in the context of environmental protection relevant to security and armed conflict. • The concept of sustainable development is utilized to fill the gaps left by policy and law in the field of environmental protection relevant to security and armed conflict. The book also examines 5 case-studies relating to Somalia, Darfur, Sudan, Sierra Leone, the First Gulf war and the Kosovo conflict. This fascinating and detailed study will strongly appeal to academics and postgraduate students in the fields of both environmental protection and international law, researchers, policy-makers, NGOs and individuals working in the field.
Description : The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that – apart from the protection offered under law of armed conflict – environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs. Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.
Description : This book provides an in-depth analysis of nine weapons and explosive remnants of war, their uses in armed conflict and their deadly impact on the environment. Besides three weapons of mass destruction (Biological, Chemical and Nuclear), it also covers controversial weapons like Depleted Uranium, White Phosphorus, Cluster Munitions, and Anti-personnel Landmines, their military applications, and the health and environmental hazard posed by them. The book offers an impartial analysis of legal regimes, and their efficacy in minimising the damage these weapons wreak on humans and the environment. It then examines the principles and rules of international humanitarian law, which could be used by the international community to ban these weapons. The book concludes by making a few recommendations addressed to international organisations, the States and military commanders with a view to reducing the damage caused by these weapons to the earth's pristine environment.
Description : This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Description : This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), ?shared responsibility?, and accountability mechanisms for environmental damage. By providing a comprehensive and in-depth analysis of environmental protection and natural resource management during the transition to peace, the volume reveals strong links between the peace-orientation of jus post bellum and environmental principles, such as intergenerational equity and precaution. There is a great deal of work to do to ensure greater protection of the environment before, during, and after conflict. It remains a challenge to align protection with the political interest of states, and the increasing involvement of non-state actors in armed conflict. This volume marks a starting point for an urgently needed space for states, international organizations, and civil society to discuss, and debate conflict and the environment. By engaging with the International Law Commission?s 2016 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the volume adds clarity to the law and momentum to the development of the law in this important area.