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LEGAL REGIME FOR THE PROTECTION OF THE ENVIRONMENT IN TIMES OF ARMED CONFLICTS UNDER INTERNATIONAL LAW: AN APPRAISAL
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Date
2022
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Abstract
When we think of war, our thoughts instantly turn to the violence, pain, suffering, and triumph that accompanies it. We think of the immediate human impact, such as those who lost their lives as a result of the fighting. However, we do not consider the severe and often long-term environmental impacts that also result from war. Law of armed conflict and law of environmental protection are closely related topics of growing concern to the international community. Their close relationship and common rational basis create a need to use environmental principles and experiences in interpreting the environmental aspects of the laws of war that relate to environmental damage during war and prohibit the manipulation of the environment for hostile purposes. The study appraised adequacy or otherwise of the legal framework that protects the environment in times of armed conflict under international law. This research adopted the doctrinal methodology. Here the use of primary sources such as statutes and case laws and secondary sources such as books, articles and journals were adopted. The basic finding in this study is that there are laws and treaties that protect the environment during armed conflicts but there is no international criminal enforcement mechanism for grave breaches and the rules in national military manuals are not environmentally friendly. It was however recommended that there is need to include environmentally friendly rules of law in the national military manuals which would contribute to the protection of the environment within the state’s jurisdiction, to create adequate awareness for the need to protect the environment during armed conflict among the military and civilian population and that the ICRC be given the responsibility of monitoring environmental breaches during armed conflicts.
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A DISSERTATION PRESENTED TO THE SCHOOL OF POSTGRADUATE STUDIES, FACULTY OF LAW, UNIVERSITY OF ABUJA, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF LAWS OF THE FACULTY OF LAW, UNIVERSITY OF ABUJA, NIGERIA.