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PREVENT ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT

https://doi.org/10.21684/2412-2343-2018-5-2-72-99

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Abstract

International humanitarian law consists of different 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 conflicts during the outbreak of hostilities; however, it is also helpful for protecting the victims of these conflicts, including environment. The legal rules for the protection of environment in armed conflict 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 importance of preventive measures in armed conflicts. 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 method 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 insufficient to prevent environmental destruction. Principally, the enforcement mechanisms hindered the effectiveness 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.

About the Authors

Z. M. Jaffal
Al Ain University of Science and Technology
United Arab Emirates

Zeyad Mohammad Jaffal – Assistant Professor of Public International Law, Department of Public Law, Collage of Law 

P.O. Box: 64141, Al Ain, UAE



W. F. Mahameed
Al Ain University of Science and Technology
United Arab Emirates

Waleed Fouad Mahameed  – Professor of Public International Law,Department of Public Law, Collage of Law 

P.O. Box: 112612, Abu Dhabi, UAE 



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For citation:


Jaffal Z.M., Mahameed W.F. PREVENT ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT. BRICS Law Journal. 2018;5(2):72-99. https://doi.org/10.21684/2412-2343-2018-5-2-72-99

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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)