International Humanitarian Law and Environment

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International Humanitarian Law

and Environment
By: Farah Fadhilah
1603101010199
International humanitarian law aims to protect
the civilian population during armed conflict
and to ensure its survival. As a result, it also
seeks to protect the natural environment
without which human life is impossible.
IHL protects the environment in two ways: through
its general provisions and through some additional,
specific provisions.

The general provisions on the conduct of hostilities


apply to the environment. Normally the
environment is civilian in nature and cannot be
attacked, unless it has been turned into a military
objective. In addition, environmental destruction
has to be taken into account when assessing the
proportionality of an attack on a military objective.
Protocol I has added a specific prohibition to use
“methods and means of warfare which are
intended, or may be expected, to cause
widespread, long-term and severe damage to
the natural environment”. The Protocol also
prohibits attacks against the environment by
way of reprisals.
The Rome Statute of 1998 establishing the
International Criminal Court makes it a war crime to
cause widespread, long-term and severe damage to
the environment in violation of the principle of
proportionality.

Other specific provisions include the prohibition to


destroy agricultural land and drinking water
installations in order to inflict harm on the civilian
population.
The ICRC is particularly concerned that access to scarce
water resources should not become a weapon used
against civilians. The contamination or destruction of
water resources can have severe consequences for the
health and survival of whole communities.

Finally, the international community has adopted a


convention on the hostile use of the environment. The
1976 Convention on the Prohibition of Military or any
Hostile Use of Environmental Modification Techniques is
usually referred to as the “ENMOD” Convention.
The techniques covered by the convention are any
that change “through the deliberate manipulation
of natural processes, the dynamics, composition or
structure of the Earth”.

The parties to the convention undertake not to use


environmental manipulation that would have
“widespread, long-lasting or severe effects as the
means of destruction, damage or injury to any
other State Party”.
The ICRC is also involved in ensuring that military
personnel are aware of their obligation to respect
and protect the environment during armed conflict.
To this effect it organized several expert meetings
which led to the adoption of the “Guidelines for
Military Manuals and Instructions on the Protection
of the Environment in Times of Armed Conflict”, a
summary of existing law. These Guidelines were
submitted to the UN General Assembly in 1994
which recommended the Guidelines to all States for
due consideration.
Thank You <3

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