Prevent Environmental Damage During Armed Conflict

Author:Z. M. Jaffal - W. F. Mahameed
Position:Al Ain University of Science and Technology (Al Ain, UAE) - Al Ain University of Science and Technology (Al Ain, UAE)
Pages:72-99
BRICS LAW JOURNAL Volume V (2018) Issue 2
PREVEnT EnVIRonMEnTaL DaMaGE DuRInG aRMED ConFLICT
ZEYAD MOHAMMAD JAFFAL,
Al Ain University of Science and Technology (Al Ain, UAE)
WALEED FOUAD MAHAMEED,
Al Ain University of Science and Technology (Al Ain, UAE)
DOI: 10.21684/2412-2343-2018-5-2-72-99
International humanitarian law consists of dierent 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 conicts
during the outbreak of hostilities; however, it is also helpful for protecting the victims of
these conicts, including environment. The legal rules for the protection of environment
in armed conict 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 impor tance of preventive
measures in armed conicts. 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 metho d 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 insucient to prevent environmental destruction. Principally,
the enforcement mechanisms hindered the eectiveness 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.
Keywords: armed conict; culture; environmental damage; humanitarian; prevention
protection method; warfare.
ZEYAD MOHAMMAD JAFFAL, WALEED FOUAD MAHAMEED 73
Recommended citation: Zeyad Mohammad Jaal & Waleed Fouad Mahameed,
Prevent Environmental Damage During Armed Conict, 5(2) BRICS Law Journal 72–99
(2018).
Table of Contents
1. International Humanitarian Law
1.1. Denition of Environment in the Context of Warfare
1.2. Environmental Damage of War
1.3. The Importance of Preventive Measures
2. Preventive Protection of the Environment in Armed Conicts
2.1. General Preventive Protection of Environment
2.1.1. Issue Military Instructions and Manuals to Ensure Respect
for Environmental Protection Rules in Case of Armed Conict
2.1.2. Oblige States Parties to Refrain from Inventing, Developing
or Acquiring a New Method of Warfare
2.1.3. Encourage States to Conclude Bilateral or Collective International
Agreements to Prevent Any Hostilities That May Cause Damage to the
Environment
2.1.4. Give International Humanitarian Organizations and Bodies Freedom
of Intervention to Protect the Environment in Case of Armed Conict
2.1.5. Encourage States in Peacetime to Teach IHL Rules for the Protection
of the Environment During the Outbreak of Hostilities
2.1.6. Forming Special Teams of Qualied Personnel to Ensure
Environmental Protection in Case of an Outbreak of Hostilities
2.1.7. Holding Periodic Conferences, Meetings, and Seminars to Activate
the Rules of Environmental Protection in Case of Armed Conict
2.1.8. The Duties of Military Commanders to Prevent Any Violation
of the Provisions of IHL Relating to the Protection of the Environment
2.1.9. Avoid the Establishment of Military Installations and Targets
near Civilian Objects That Are Part of the Civilian Environment
2.1.10. Take the Feasible Precautions to Protect the Environment
at the Planning Stage of the Attack
2.2. Special Preventive Protection of Environment Before the Outbreak
of Military Actions
2.2.1. Cultural Property
2.2.1.1. Avoid Establishing Cultural Property near Military Targets
2.2.1.2. Construction of Places Allocated for the Preservation
of Cultural Property in a Manner That Is Resistant to the Eects
of Combat Operations

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