Research On International Legal Issues Of Environmental Protection In Armed Conflict

The international community counts the casualties of soldiers and civilians,the destruction of cities and the destruction of property in the losses of armed conflicts,but the damage to the environment is rarely mentioned,and the environment has become the victims of undisclosed wars.However,the current international community's environmental protection measures during armed conflicts are not enough to regulate the environmental destruction of both sides of the war.There is still a big gap between the actual needs and the international community's measures.Based on the professional knowledge learned,this article sorts out the legislation and implementation status of environmental protection during the armed conflict,combined with relevant research data of domestic and foreign scholars,points out the shortcomings of existing measures and puts forward their own ideas.This article is divided into four chapters.The first chapter defines the concepts of“environment” and “armed conflict”.By distinguishing the definition of environment,it explores the characteristics of environment during armed conflict,and combines the international community's understanding of armed conflict to sort out the concept of armed conflict and the environment.Analysis of the direct and indirect effects of armed conflict on the environment shows that armed conflicts can cause serious damage to the environment.Then put forward the theoretical basis for protecting the environment in armed conflict,namely the ethical foundation and the legal basis.The development of the ethical foundation has promoted the transformation of modern war theory,from indiscriminate attack to concern for the environment;the legal basis involves international humanitarian law and International environmental law.The principles of distinction,proportionality,and prohibition of unnecessary suffering in international humanitarian law restrict the means and methods of warfare to a certain extent,reflecting the concern of international humanitarian law for the environment.The sustainable development principle in international environmental law closely links the environment with human development and provides value guidance for environmental protection.The second chapter first analyzes the rules of international humanitarian law on environmental protection in armed conflicts.These rules pay attention to the protection of the environment while safeguarding military interests.Secondly,taking the important documents of the international community to regulate armed conflicts as the entry point,the adoption of the environmental provisions of the First Additional Protocol to the Geneva Conventions,the Convention on Prohibition of the Use of Environmental Modification Technologies for the Army or Any Other Hostile Destination,and restrictions on combat It summarizes and analyzes the special conventions on means and methods,sorts out the development context of environmental protection rules during armed conflicts,and finally starts with relevant declarations and conventions on the protection of the environment in international environmental law to discuss the status quo of environmental protection during armed conflicts in international environmental law.Chapter Three analyzes the current international community's environmental protection issues during armed conflicts.First of all,there are imperfections in the rules of international law,related concepts and clauses are not clear and general,and there is no definite standard for "extensive,long-term,and serious".The second is that international treaties are too abstract and not very operative,and the parties to the conflict lack the will to protect the environment.Finally,the international community lacks a complete monitoring mechanism for environmental damage in armed conflicts.The fourth chapter is to put forward my own ideas for improving the environmental protection in armed conflicts.Improve the relevant international laws and regulations of environmental protection,including the clarification of relevant concepts and the specificization of relevant clauses;implement the principle of sustainable development in conflicts;urge all parties to earnestly abide by environmental protection rules,strengthen government obligations,and encourage parties to conclude relevant agreements Treaty;strengthen the supervision of the international community and establish crimes against the environment.