THE ANALYSIS OF THE INTERNATIONAL LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN CASE OF ARMED CONFLICTS
THE ANALYSIS OF THE INTERNATIONAL LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN CASE OF ARMED CONFLICTS

Summary/Abstract: The article proposes a non-exhaustive analysis of international regulations that directly or indirectly ensure environmental protection during internal and international armed conflicts. Unfortunately, although it is an illicit means of resolving international disputes, war is present in international relations quite frequently and with very dangerous variations for the safety of the planet and people from the perspective of the weapons and techniques used. The proliferation of the terrorist phenomenon but also of dictatorial regimes that seek by any means the possession of nuclear weapons complicates the efforts of the international community to protect the environment. The legal regime of environmental protection during armed conflicts combines norms from several branches of public international law: international environmental law, humanitarian law, criminal aspect that generates the problem of correlating these norms. Also, the problem analyzed is also found in numerous resolutions of international organizations (especially the UN) but also in the decisions of some international courts (such as the ICJ but also some special criminal courts). Protecting the environment, adapting to the phenomenon of climate change is difficult in peacetime, in conditions of relative cooperation, but it becomes extremely difficult to achieve in wartime, a fact reflected in the international conventions which are often ambiguous, unclear with regarding the commitments assumed.

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