Articles
Vol. 2 No. 1 (2018): Unram Law Review (ULREV)
Environmental Protection In International Humanitarian Law: The enviroment has always been a silent casualty of conflict (UNEP)
Law Faculty Universitas Mataram
Abstract
Environment, whether directly or indirectly is a casualty of armed conflict. As occured in Vietnam War 1961-1975, Gulf War 1991, Cosovo Conflct 1999, Iraqi War 2003 and Israel-Lebanon War 2006. UNEP concluded that armed conflict arise dangerous consequences to the environment. Environmental damage after warfare is often irreversible because the states think that environmental damage is an unavoidable consequence in order to achieve military targets.
This research aims are to search international treaty and general principles in international humanitarian law that regulated environment protection during the armed conflict. Based on the research result it can be known that environment protection during the armed conflict has already regulated completely in international humanitarian law, not only in general agreement of humanitarian law (hag laws and geneva laws) but also in special agreement on environment protection during armed conflict, in the form of restriction on means and weapons that can be used in armed conflict. The regulation and enforcement of environment protection can be rely on general principles of international humanitarian law.
References
Arie Afriansyah, (January 2010), “Environmental Protection and State Responsibility in International Humanitarian Law”, Indonesian Journal of International Law, Volume 7 Number 2.
David Akerson, (2014), “Applying Jus in Bello Proportionality in Drone Warfare”, , Volume 16.
Erlis Septiana Nurbani,(2017), Perkembangan Teknologi Senjata dan Prinsip Proporsionalitas, Jurnal Ius (Kajian Hukum dan Keadilan) Volume 5 Nomor 1.
Francoius Bugnion, (2005), “The International Committe of the Red Cross and Nuclear Weapons : From Hiroshima to the Dawn of the 21st Century”, ICRC Journal : Humanitarian Debate :Law, Policy and Action Means of Warfare,Volume 87 Number 859.
ICRC Review, (September 2005), Means of Warfare, Volume 87 Number 859.
ICRC, Weapon (online), (2011), acesed by http://www.icrc.org/eng/war-andlaw/weapons/overviewweapons.htm
NHT Siahaan, (2004), Hukum Lingkungan Dan Ekologi Pembangunan, Erlangga : Jakarta.
Phillipe Sands, (2012), Principles of Environmental Law, Cambridge University Press
Parstoday Indonesian, Antisipasi Perusakan Lingkungan Hidup Akibat Perang, acessed via www.parstoday.com on September, 30 2017.
Sri Wartini, (2003), Perlindungan Lingkungan dalam Hukum Humaniter, Jurnal Hukum, Nomor 24, Volume 10.
Supardan Mansyur, (2017) “The New Development Of Subject Of International Law”, UNRAM Law Review, Volume 1 Number 1.
Triyana Yohanes dan Hyronimus Rhiti, (2006), Laporan Penelitian Perlindungan Lingkungan Alam Melalui Ketentuan-Ketentuan Hukum Humaniter Internasional
Yoram Dinstein, (2004), The Conduct of Hostilities under the Law of International Armed Conflict, United Kingdom: Cambridge University Press.
UNEP, (2009), Protecting the Environment during Armed Conflict (An Inventory and Analysis of International Law), UNEP, Kenya.
Convention, Statute, Customary Law
Additional Protocol of the Geneva Convention of 12 August 1949, And Relating to the Protections of Victims of International Armed Conflict/Additional Protocol I 1977
Convention on Prohibition of Development, Production and Stockpilling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction
Convention on Prohibition of Development, Production, Stockpilling and Use of Chemical Weapons and on Their Destruction
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW), Protokol I on Non-Detectable Fragments
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW), Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW), Protocol IV on Blinding Laser Weapons
Convention on the Prohibition of Military or Any other Hostile Use of Environment Modification Techniques (ENMOD Convention 1977)
Denhag Convention IV 1907 tentang Law and Customs of War on Land
ICRC Customary Study Rule
Rio Declaration, A/Conf.151/26 (Vol.I), Report of the United Nations Conference on the Environment and Development, Rio de Janeiro,3-14 June 1992.
Statute of Rome on International Criminal Court 1998
The Understanding of ENMOD Convention
