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International legal protection of the environment in times of armed conflict | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 38, Volume 16, Issue: 2, June 2026, Pages 928-955 PDF (1.23 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.167425.1697 | ||
| Authors | ||
| Mariwan fariq kareem* 1; Shaniar Rashid Abdullah2 | ||
| 1University of Halabja, College of Law and Administration | ||
| 2lawyer | ||
| Abstract | ||
| The environment is recognized as one of the essential human rights necessary for the survival of humans and all living organisms. Despite its vital importance, it continues to face serious and persistent violations, both in times of peace and during international armed conflicts. This research addresses the legal and practical challenges associated with protecting the environment within the context of international armed conflicts. lthough international humanitarian law includes provisions aimed at limiting environmental damage during war—such as the Geneva Conventions and the 1977 Additional Protocol I—these rules are often insufficient or disregarded in practice. The study seeks to analyze the effectiveness of relevant international legal instruments and examines major cases where systematic environmental destruction occurred as a result of military operations, including the Vietnam War, the Gulf War, the Iraq conflict, and the war in Ukraine. The research also discusses the extent to which states and military leaders can be held accountable for environmental violations under the current international judicial system, particularly the International Criminal Court. It concludes that the environment remains highly vulnerable during armed conflicts, either due to the lack of political will to respect international legal norms or because of weak enforcement mechanisms. The study offers several recommendations to strengthen environmental protection during warfare, including integrating environmental issues into the jurisdiction of the International Criminal Court and updating international humanitarian law to provide clearer and more stringent environmental protections. | ||
| Keywords | ||
| Environment; International Legal Protection; International Humanitarian Law; International Armed Conflict | ||
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