Environmental protection during armed conflicts in the perspective of the adoption of the Fifth Geneva Convention

Abstract

The article is devoted to the main issues of environmental protection during an international armed conflict. It also covers protection of the environment during an armed conflict of a non-international character. The author analyzed the norms of international humanitarian law, which concern the protection of the environment from large-scale, long-term and serious damage. He considered the question of the prohibition by treaty and customary law of the use during international armed conflicts of methods and means of warfare which are intended to cause or can be expected to cause damage to the environment. Attention is paid to the types of damage to the environment caused during the armed conflict. The article indicates what served as a reason for the initiative and numerous discussions in legal circles on issues related to the creation of the Fifth Geneva Convention. The issue of the need to adopt the Fifth Geneva Convention is under consideration. In the article, the author emphasizes that the environment enjoys special protection in parallel with a general protection. The relevance of the study is confirmed by constant discussions and debates on it among Ukrainian and foreign scientists and law-makers. For Ukraine it is highly topical from the beginning of Russian aggression and occupation of Ukrainian territories. The opinions and statements of foreign scientists regarding the notion of armed conflict are given. The author offers its own view of the problem, which determines the need to adopt the Fifth Geneva Convention, and gives suggestions about its probable content. It is indicated that the scope of application of the provisions of the Fifth Geneva Convention should relate to the protection of the environment during an armed conflict. The author emphasizes that it should contain the description of protected areas of great ecological and cultural importance sas well. It is indicated that the provisions that would be applied in situations of occupation and the issues relating to the restoration and protection of the environment damaged by the conflict should be included.