Jus ad Bellum in Law of Environmental Protection

  • Ezhiloviya
  • Show Author Details
  • Ezhiloviya

    Fellow at O.P. Jindal Global University, India

Abstract

Jus ad Bellum or the Right to War commonly denotes the law of Armed Conflict. According to ICRC, any difference arising between two States and leading to the intervention of the armed forces and ending with a conflict is an International Armed Conflict. Armed Conflict is closely linked to the Environment, in such a manner that the two cannot coexist. Where there is armed conflict, there is destruction and damage. Damage to populations, property, heritage and most importantly environment. The concern for the environment during the times of war began when Agent Orange was used in the Vietnam war destroying the entire environment. There has increased an importance in the protection of environment even during the times of conflict because of the new forms of weapons and the advancement in the Defense and weaponry. With the advent of biological and chemical warfare, nuclear war has become less dangerous than the environment altering weaponry that does not just destroy but alter the eco-system and life as we know it. Laws and conventions that exist as of date are not as popular, in the sense that, there is lack of awareness regarding the same. The paper aims to study the interrelationship between the law of armed conflict and the environmental protection law. The scope of this paper includes the various methods of warfare and the laws governing and regulating the same but excludes any laws or information relating to Nuclear Warfare as this topic would conclude the existence of the Environment and therefore would negate the topic, in itself.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 1675 - 1687

DOI: http://doi.one/10.1732/IJLMH.26341

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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