International Responsibility of States Arising from Environmental Obligations within the Framework of International Humanitarian Law
Keywords:
international responsibility of states, environmental obligations, international humanitarian law, environment, armed conflicts, reparationAbstract
The environment in international armed conflicts is among the areas that are directly and indirectly exposed to severe, long-lasting, and sometimes irreparable harm. The use of biological, chemical, and nuclear weapons, the destruction of oil wells and platforms, attacks on dams and infrastructural facilities, and the devastation of natural resources are among the most significant examples of environmental damage caused by war. The purpose of this article is to examine the international responsibility of states arising from breaches of environmental obligations within the framework of international humanitarian law and to assess the effectiveness of the existing rules in this field. The research method is descriptive-analytical and based on library research. The findings indicate that although instruments such as the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, known as the ENMOD Convention (1976), and Additional Protocol I (1977) to the four Geneva Conventions are among the most important protective instruments concerning environmental protection in armed conflicts, weak enforcement guarantees, the absence of an effective supervisory mechanism, and the incomplete consolidation of certain rules as international custom have resulted in the relative ineffectiveness of these regulations. A comparison of the international community’s response to environmental damage in the Iraq-Iran War and the Iraq-Kuwait War also shows that the application of the international responsibility of states in this field has not always been uniform and, in some cases, has been influenced by political considerations. Therefore, strengthening enforcement guarantees, establishing an independent supervisory mechanism, and obligating violating states to provide full reparation for environmental damage are fundamental necessities of contemporary international law.
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Copyright (c) 2023 Sayed Bagher Mir Abbasi (Corresponding author); Sirous Omidi (Author)
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