AN APPRAISAL OF THE LEGAL FRAMEWORK FOR INTERNATIONAL ENVIRONMENTAL PROTECTION UNDER THE LAW OF ARMED CONFLICT

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ABSTRACT

The effect of war has far gone beyond human suffering. Armed conflict has devastating effect on the environment. It is on record that some battlefields of the World War I and II are still unfit for human habitation and cultivation. Consequently, environmental law of war exists to provide protection to the environment during armed conflicts. This thesis examines the adequacy or otherwise of the legal framework for the protection of the environment during war time. It equally investigates the mechanisms for the enforcement of the legal regime on the protection of the environment. The main objectives of this thesis are to identify the legal framework on environmental protection during armed conflict; to examine problems if any in the enforcement of environmental law of war and to enhance access to information on the consequences of armed conflict on the environment. The thesis observes that some treaty provisions that afford protection to the environment during armed conflict are vague and imprecise. It also found that majority of the international legal framework protecting the environment during armed conflict were basically designed for international armed conflict and do not apply to non international armed conflict. Consequently, the thesis recommends, amongst other things, the establishment of new legal regime specifically for the protection of the environment during armed conflict. Similarly, countries must develop the necessary political commitment and popular support to implement fully laws and policies that enhance environment protection during wartime.

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