Abstract

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.

Highlights

  • 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 limited to the protection of victims related to armed conflicts during the outbreak of hostilities; it is helpful for protecting the victims of these conflicts, including environment

  • International humanitarian law, according to international lawyers, was a humanitarian focus to the Geneva part juxtaposed to the Hague law, which was a promoter of the methods of warfare

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Summary

International Humanitarian Law

The concept“international humanitarian law”(IHL) refers to the understanding of jus in bello, which means the laws concerned with the conduct of war. International humanitarian law is apparently supervised and promoted by the International Committee of the Red Cross (ICRC). Humanitarian protection of the environment can be divided into three phases: 1) preventive protection before the outbreak of the military operations; 2) control protection during the operation of armed conflict; 3) deterrent protection through the determination of international responsibility for violating environmental protection rules and imposing civil or criminal penalties if this responsibility is established after an attack on the environment and a violation of the protection rules Another advantage of this conventional law is to prevent a de facto“oligarchic” from the “strongest states” from imposing its will on most states.. The importance of international laws is further implied from the precautionary principle that is able to guard civil population from catastrophic effects and natural calamities during peace time and prevent such damages It has been witnessed from the Rio Declaration, sustainable development is inherently destructive through warfare.. The importance of undertaking a precautionary approach is emphasized by the ICRC in the absence of scientific certainty that refers to the probable impact of a specific weapon on the environment.

Preventive Protection of the Environment in Armed Conflicts
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