Legal Regulation on Protection of Environment in Times of Non-International Armed Conflict: A Preliminary Study of the Classification of Armed Conflict
Publisher: Kansai University Review of Law and Politics
Author(s): Kwon Namhee
Date: 2019
Topics: Governance, Renewable Resources, Weapons, Waste, and Pollution
There is no question that warfare can be seriously disruptive to the environment, and the environment continues to be ‘the silent victim of armed conflicts. Considering that most armed conflicts today are non-international or civil wars, much of the existing legal framework of international law does not necessarily apply. Despite growing concern on the issue, environmental harm in times of non-international armed conflicts is still an underestimated consequence of the hostilities. It is obvious that many weapons have great potential to cause serious and lasting damage to the environment. Forests are most frequently targeted in armed conflict as they provide natural cover and camouflage for non-state armed groups in addition to ‘food, water, fuel, and medicine. Wildlife is also an important element of the natural environment that often faces danger in the context of non-international armed conflicts. It is clear that the exploitation of natural resources and related environmental stresses can become significant drivers of violence and non-international armed conflicts in the first place. However, resource exploitation per se is not the main concern that the laws of armed conflict were designed for.