Research On International Law Of Environmental Protection In Armed Conflict

There is no special subject in international law to study environmental protection in armed conflict.The awakening of humanitarianism,the emergence of environmental protection awareness,and the occurrence of international events have jointly promoted the development of environmental protection in armed conflict.In the early days,while international humanitarian law protected cultural property and the civilian population,it also indirectly protected the environment as human property.The development of the times and the advancement of science and technology have promoted the increase of the power of war weapons,and the armed conflict has caused inestimable damage to the environment.As a result,international treaties such as the Convention on the Prohibition of Changing Environmental Technologies and the Additional Protocol I of the Geneva Conventions have begun to attach importance to armed conflict China protects the environment.After the Gulf War,branches of international environmental law and international human rights law also paid attention to environmental issues from different perspectives,and together constituted the existing environmental protection rules in armed conflicts.In general,the international community has established sufficient rules to protect the natural environment in armed conflict,but the existing rules do not produce sufficient protection.With the rapid development of science and technology,the main forms of armed conflict have changed,the environmental damage has become more complicated and serious,and the formulation of treaties and customary laws has been constrained by the times.Many treaties only restrict international armed conflicts,which is not enough to protect contemporary armed conflicts.Environment.In view of this,in order to effectively protect the environment in armed conflict,it is necessary to innovate and change the existing rules and supplement and improve the issue.Excluding the introduction and conclusion,the text is divided into four parts:The first part is the definition of environmental protection related concepts in armed conflict,including armed conflict,environment and environmental protection in armed conflict.First,by comparing the different understandings of the international community on armed conflict,combining the literature and international jurisprudence,the meaning,nature and related concepts of the armed conflict are analyzed.Second,compare the definition of environment in the international community,highlight the characteristics of environment in armed conflict,define the definition of environment,and define the"important environment" in armed conflict in order to strengthen protection.Finally,according to the historical context,sort out the concept of environmental protection in armed conflicts in different periods.The second part proposes three theoretical foundations of environmental protection in armed conflicts,including ethical theoretical foundation,legal theoretical foundation,and environmental scientific theoretical foundation.First,the theoretical foundation of ethics involves war ethics and environmental ethics.Modern war ethics has transformed from the theory of indiscriminate war under the doctrine of realism to modern theories of just war,providing the possibility for environmental protection in armed conflicts;environmental ethics has undergone the transformation from anthropocentrism to non-anthropocentrism,further promoting The improvement of the environmental protection rule system.Second,the theoretical basis of law involves international humanitarian law,international human rights law,international environmental law,and international criminal law.International humanitarian law restricts the use of warfare methods and reflects the humanitarian awareness of protecting the environment.Based on human rights theory,international human rights law protects the basic rights of human beings,environmental rights as a type of human rights,and international human rights law provides a theoretical basis for protecting the environment;International environmental law specializes in environmental protection.The principle of sustainable development is closely linked to environmental protection.Its emergence provides a basis for environmental protection.The first environmental crime was established in international criminal law.This is the embodiment of the principle of protecting human rights in international criminal law.Finally,environmental science theory is an interdisciplinary group that solves environmental problems and provides specific methods for protecting the environment.The third part analyzes the principles and rules of environmental protection in armed conflict.First,the International Law Commission established five principles for environmental protection in armed conflict.The two basic principles of humanity and military necessity guide the whole process of environmental protection in armed conflicts.They protect the environment from the aspects of fundamental protection and the maintenance of military interests.Second,the relevant provisions of international treaties collectively constitute environmental protection rules in armed conflicts.The main rules will be discussed from the following four aspects:the subject,object,content of environmental protection in armed conflicts,and international responsibility arising from violation of rules.The fourth part is the analysis and prospect of environmental protection in armed conflict.First,it analyzes the main features of environmental protection in armed conflicts and the three shortcomings.The rules of environmental protection in armed conflicts have the following defects:the scope of application of different rules is not uniform;the principle of military necessity and the principle of proportionality cannot achieve the purpose of environmental protection in armed conflicts;the important legal wording in the current rules is not clear.Secondly,in view of the development trend of environmental protection in armed conflicts,the direction of efforts on this issue is prospected.There are three directions for environmental protection efforts in armed conflicts:the scope of application of uniform rules,especially the inclusion of non-international armed conflicts;the application of the principles of military necessity and proportionality are downplayed,and the principles of sustainable development in environmental protection are upheld Guidance;relevant legal wording should be clarified.