AN APPRAISAL OF THE LEGAL FRAMEWORK FOR INTERNATIONAL ENVIRONMENTAL PROTECTION UNDER
Chapter One:
General Introduction
1.1Â Â Â Â Â Â Historical Background
In modern times, the legal framework for environmental protection during armed conflict i.e. environmental law of warfare, is broadly divided into Principles of Customary International Humanitarian Law of warfare and the treaty provisions of international humanitarian law. The evolution of environmental law of war dates back to period when some basic principles of international humanitarian law were developed. Some of these international humanitarian law principles are that the right of states to use method and means of warfare is not unlimited, the principle of humanity and public conscience popularly known as the Martens Clause, principle of distinction, military necessity and proportionality. The relevance of the principles customary international humanitarian law (IHL) lies in the fact that it binds all states as a general principle accepted as binding, by all nations. Thus, customary IHL is very effective as it does not depend on the consent of state before it become operative.
Despite this advantage, it could not prevent the horror and massive destruction of lives and property experienced during armed World War II. The experiences acquired from successive armed conflicts brought to light the inadequacy of the principles of International Humanitarian Law and the need for a more comprehensive legal regime to protect the environment during armed conflict. This brought out the establishment of various Conventions such as the 1899 Hague and 1907 Hague Conventions, the
Four Geneva Conventions of 1945 and the Two Additional Protocols to the Geneva
Convention of 1977, just to mention but a few.
However, it must be pointed out at this junction that it was not until 1977 through the Additional Protocol I and II that the environment was specifically made an object of protection during armed conflict. In fact, all provisions effort at regulating means and methods of warfare are targeted at protecting the civilian and to reduce human suffering. Thus, effort at protecting the environment during armed conflict through the instrumentality of the international humanitarian law was rather indirect or collateral.
Yet the existence of environmental law of war could not prevent massive destruction of vegetation by the U.S. army during the Vietnam War, could not prevent the attempt by the U.S. to modify the environment to gain military advantage.
The consequences of armed conflict today have gone far beyond human suffering, displacement and damage to infrastructure and homes. Armed conflicts also cause environmental destruction and degradation.
Environmental destruction or degradation or both during wartime whether deliberately or inadvertently done, have been part of war since ancient times. As early as 146 BC, Roman troops razed the city of Coutlage and salted the surrounding earth to sterilize soil.[1]Thus environmental damage in wartime has for decades been recognized as one of the most immediate threats to human existence. This is because the destruction associated with armed conflict spills over to the natural resources such as water, agricultural land, trees and wildlife. The destruction during armed conflict can undermine human survival, act as a driver of poverty and forced migration.
