THE EFFECT OF MODERN WARFARE ON THE ENVIRONMENT AND ITS IMPLICATIONS UNDER INTERNATIONAL HUMANITARIAN LAW

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ABSTRACT

Indeed, the toll of warfare seen today reaches far beyond human suffering, displacement and damage to homes and infrastructure. The profounding evidence of the impact of warfare can be said to involve conflict not only between the combatant but also between man and nature. The impact  of these weapons persist long after the conflict has ended, making the environment uninhabitable and dangerous to the survival of humanity. This prompted the development of mechanisms for the regulation of military operations. The international humanitarian law has from its inception constrained and regulated the conduct of hostility in order to minimize suffering and by extension protect the environment. Although, the international humanitarian law is concerned with the anthropocentric protection during warfare, by the restrictions it provides on the means and methods of warfare, the law also by extension protect the environment. This research project seeks to evaluate the efficacy of the mechanisms under international humanitarian law in order to prevent the prevalent use of weapons which are capable of making the environment uninhabitable. However, having madescholastic x-ray of the various regulations on warfare, it is undoubtedly, established that the protection afforded to the environment by international humanitarian law has been consistently violated and unenforced. For instance, victims are barely compensated for the damage making the law ineffective. Hence, the recommendation made is that, the responsibility resulting from environmental damage during hostilities should be enforced and compensations made once the crime is established.  

TABLE OF CONTENT

TITLE PAGE

CERTIFICATION

DEDICATION

ACKNOWLEDGEMENT

TABLE OF CONTENTS

TABLE OF STATUTES

TABLE OF CASES

LIST OF ABBREVIATIONS

ABSTRACT

CHAPTER ONE: GENERAL INTRODUCTION     

  1. Introduction
    1. Statement of the problem
    1. Objective of the study
    1. Significance of the study
    1. Scope of the study
    1. Research Method
    1. Definition of Terms

CHAPTER TWO: LITERATURE REVIEW

THREE: NATURE AND DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW

3.1     The Nature of International Law

3.1.1 Historical Development of International Humanitarian Law

3.1.2 The Sources of International Humanitarian Law

3.1.3 The Scope of Protection under International Humanitarian Law      

3.1.4 Conduct of Hostilities

3.2 General Principles of International Humanitarian Law

3.2.1 Limitation

3.2.2 Military Necessity

3.2.3 Principle of Proportionality

3.2.4 The Principle of Distinction

3.2.5 The Principle of Humanity

CHAPTER FOUR: CAUSES, EFFECT AND CONTROL OF MODERN WARFARE ON THE ENVIRONMENT

4.1              The Development of International Law on the Environment 

4.1.1           Modern Warfare Causes and Unprecedented Environmental Damage.

4.2              The Sources of Environmental Damage during Warfare

4.2.1           Intentional Damage

4.2.2           Collateral Damage    

4.2.3           Wanton Damage