A Legal Battlefield: the Application of Draft Principles Adopted by International Law Commission and the Protection of Environment during Armed Conflicts

10 Baku St. U. L.Rev. 153 (2024)
Article language: English.

Abstract
Throughout history, wars have been prevalent, even in times before states were fully developed. Rulers, kings, and sultans engaged in conflicts for various reasons such as expanding territories, increasing wealth, and subjugating people. Despite attempts to eradicate war, it persists, with some justifying it as “a natural law”. Wars not only cause great destruction in death, disease, hunger and poverty. They also cause serious damage to nature. Serious problems such as loss of farmland, water scarcity and pollution caused by toxic wastes are emerging. This article will examine the hazardous impact of armed conflicts on the environment, and the international protective measures and conventions in place. The article will also explore the Garabagh conflict and consider the hypothetical approach on the possible retroactive effect of Draft Principles on protection of the environment in relation to armed conflicts (hereinafter referred to as the “draft principles”) adopted by International Law Commission in addressing these issues.

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