REVISITING THE LEGAL FRAMEWORK INDIRECTLY PROTECTING THE ENVIRONMENT IN SITUATIONS OF ARMED CONFLICTS

Abstract

Environmental protection in times of armed conflict received the greatest attention in the 20th Century with the adoption of the two Additional Protocols to the Geneva Conventions of 1949. In the first Additional Protocol, only two articles – Articles 35 (3) and 55 addressed the issue of environmental protection directly. Unfortunately, these articles have not been effectively applied to any real war time environmental damage hence the need to examine other treaty provisions indirectly protecting the environment. The paper examines the protection of the environment as a civilian object. The effect the destruction of works and installations containing dangerous forces would have on the environment is considered. The paper also examines the role that cultural property plays in times of armed conflict. The paper discovers that most of the rules do not have penalty provisions and hence not enforceable against any State where breaches occur. The paper notes that these treaties can effectively protect the environment if States will honour their treaty obligations and if there are effective measures to monitor compliance. The paper concludes by noting that there is a need for the existing framework to be revised to bring the law in line with the present reality.  

Key Words: Revisiting, Treaties, Indirectly, Cultural Property, Civilian Objects.