Open AccessProtection of Environment during Armed Conflicts
Author(s) -
Aimée Murphie Tshibola Lubeshi
Publication year - 2018
Publication title -
review of business and economics studies
Language(s) - English
Resource type - Journals
eISSN - 2311-0279
pISSN - 2308-944X
DOI - 10.26794/2308-944x-2018-6-2-19-29
Subject(s) - international humanitarian law , international law , political science , law , environmental law , sovereignty , international legal system , state (computer science) , criminal law , interpretation (philosophy) , public international law , law and economics , sociology , algorithm , politics , computer science , programming language
Environmental protection during the armed conicts 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 conict. 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 conicts. 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.