
PREVENT ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT
Author(s) -
Zeyad Jaffal,
Waleed Fuad Mahameed
Publication year - 2018
Publication title -
brics law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.184
H-Index - 4
eISSN - 2412-2343
pISSN - 2409-9058
DOI - 10.21684/2412-2343-2018-5-2-72-99
Subject(s) - international humanitarian law , cultural property , enforcement , context (archaeology) , environmental law , armed conflict , political science , international law , law , geneva conventions , business , environmental planning , geography , cultural heritage , archaeology
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.