Chapter one
1.1Background to the Study
One of the less traditional but very important role of law is the protection and preservation of the environment. Thus, environmental protection has emerged as one important issues of public international law with the attempt to minimize the abuse and misuse of the environment. In effect, if the environment is protected, it by extension protects humanity. This is the bases for the development of restrictions placed by the international humanitarian law in regards to conduct of hostility. It is proven by statistics that the use of weapons which are dangerous to the natural environment has caused grave suffering to mankind as witnessed in the Heroshima and Nagasaki bombing.
However, the attempt to regulate warfare is of old origin. The first body of law to consider in an analysis of the protection of the environment during armed conflict is international humanitarian law (IHL) – the set of laws that seek, for humanitarian reasons to regulate war and armed conflict. This law is a modification of human right of civilian protection during warfare. In history, an attempt to regulate warfare is seen in the Hindu Code called the ‘Manu’ which was a law seeking the prohibition and use of poisonous arrows. This development was followed by the regulation in the use of certain projectiles weighing less than 400 grams prohibited by the Hague Convention of 1899.[1]
Another development of these rules was itself inspired by the founder of the International Committee of the Red Cross (ICRC) in the Geneva Conventions.
Finally, this work seeks to evaluate the efficiency of this regulatory mechanisms under international humanitarian law in other to prevent prevalent use of dangerous weapons which are capable of making the environment uninhabitable for humanity.
1.2 Statement of problems
The activities of the military during armed conflict has posed a serious threat to the environment. The impact of atomic and hydrogenic weapons caused intense destruction which has reverberating effect both on the civilians the natural environment. This can be clearly seen from the bombing/detonation at the Heroshima and Nagasaki, which effect is still allege to be felt over seventy three(73) years after the incidence. Long after the bombings, generations have been poisoned by radiation from the detonation.
This research work will address the following problems as it contributes to knowledge. These are:
i. To explain the effect of modern warfare on the environment.
ii. To explain what causes environmental damage during armed conflicts
iii. To highlight the various principles of international humanitarian law
[1] See, Symposium on the Hague Pace Conference, 94AJIK, 200, Pg. 1. Nuremberg Tribunal regarded Hague Convention IV and Regulation on the Laws and Customs of war on Land, 1907, as declaratory of Customary Law: See 41NIL, 1947, PP. 172. 248.
