الحماية الدولية للبيئة اثناء النزاعات المسلحة == International Protection For Environment During Armed Conflicts
Author name:
احمد حميد عجم البدري
Supervisor name:
عدنان عباس موسى النقيب
General topic:
Law
Specific topic:
Public International Law
Degree:
Master
University:
University of Baghdad - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1553 - p.pdf
Abstract:
The subject of The International Protection Environment during Armed Conflicts is considered one of the modern subjects in one time.Before, human was the curve of International efforts concerning to provide him with many ways of protection ,now the interesting changed toward Environment to be an important subject in three branches of International Law branches. The first one is the Humanitarian International Law ,that puts the principles and rules which governs the conflicted sides. The International protection of the Environment during the armed conflict depends mainly on the rules and principles that issued by the law. The International Law of Environment is considered the second branch of International law ,which provides the International protection to the Environment during armed conflicts ,and if this law was made to be practiced in peace time, the International efforts reached to an idea that they can practice in Armed conflicts, because the goal is to protect Environment. The third branch of International law that provide protection to the Environment during Armed Conflicts is the Criminal International Law. This law provides a legal to establish the International Criminal responsibility for anyone who commits war crimes against environment by a text issued from International Criminal Court ,also the main general basis of the International Law which can protect the Environment. This study is showed the International protection resources of Environment during Armed conflicts, and it is the same resources that included article 38 of the main system of International court of Justice that represented by International agreements, traditional law , General principles of law and the court decisions.The paper discussed the efforts of United Nations and the International Committee of Red Cross ,and the United Nations plays a great and effective role to spread protection according to the texts of law and convention ,and by decisions that issued from the International conferences to protect Environment, and by decisions made by general committee ,and other efforts that done by the organization. The International Committee of Red Cross its role can be explained by the preservation role before the Armed conflict occurs ,and its observation role during the Armed conflict. The protection rules in its different kinds will not be active unless punishing the who violated these rules. This study discussed the International responsibility of Environment damages during the Armed conflicts by mentioning the conditions and obstacles to achieve this responsibility, and showing the types of this responsibility and their consequences for each type
