Abstract
Environmental protection during the armed conflicts is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interference of warfare and environmental protection in non-international conflicts. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article, the author reviews are written and customary norms laid down in documents of different branches of international law, such as human rights law, international humanitarian law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection during the internally armed conflict. This is to be done in order to gather information about the sufficiency of the legal framework on the preservation of the environment during the non-international armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiates changes in international criminal law and other.
Highlights
This article examines the question whether the current legal framework on the protection of the environment during the noninternational armed conflicts, given the absence of explicit and direct provisions, may be deemed as sufficient for this protection
Existing Relevant Law Provisions relevant to the research can be found in documents of international environmental law, human rights law, international humanitarian law and international criminal law
Legal Framework Despite the fact that Geneva Conventions do not include environmental norms, Additional Protocol I, which applies during times of international armed conflicts, made a huge step forward with Articles 35 (3) and 55
Summary
This article examines the question whether the current legal framework on the protection of the environment during the noninternational armed conflicts, given the absence of explicit and direct provisions, may be deemed as sufficient for this protection. The underlying problem of the possible legal vacuum and the lack of existing legal framework on the abovementioned issue in written and customary norms, directly and indirectly regulating the protection of the environment in internally armed conflicts, will be examined first.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
