Impact of armed conflict on environment a study in the context of international and national legal regime

Abstract

Armed conflict or warfare has always brought harm or destruction to life and environment. Modern weaponry and techniques used by the combatants have resulted into severe ecological degradation. New generation high powered weapons namely chemical weapons, biological weapons, nuclear weapons, space weapons, cyber weapons etc., used during the armed conflict certainly have devastating effects on the environment, resulting into extensive contamination of water, air, soil vegetation and habitat destruction. International Humanitarian treaty law attempts to address this problem. Additional Protocol I and the ENMOD Convention regulates those harms which are, extensive, severe and of long term . These instruments attract the liability of the person if all the three conditions are proved. Practically it is difficult to achieve this triple cumulative standard since there has not been given precise definition for the terms widespread, long-term and severe . Environmental degradations not coming under these thresholds are impliedly permitted. Except for the guidelines provided under the International Committee of Red Cross, no specific provisions have been provided for the protection of environment during armed conflict in the Military manuals of the States. newlineFor implementation of International Humanitarian, Environmental,Criminal and Human rights law the States are required to incorporate provisions of such laws into their national legislation for protection of environment during armed conflict. There isrequired a specific instruments dealing with the protection of environment and adjudication of environmental crimes committed during the times of war at international level. For the effective implementation of such instrument a World Environmental Organisation would be the need of the hour.