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Addressing the Intentional Destruction of the Environment during Warfare under the Rome Statute of the International Criminal Court


ISBN13: 9781780683140
Published: June 2015
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £71.00



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Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a ‘victim’, or somehow manipulated to serve as a ‘weapon’ of warfare.

Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages.

However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility.

It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved.

Subjects:
Environmental Law, International Criminal Law
Contents:
Introduction (p.
1)
Chapter One. The Imperative to Regulate the Intentional Destruction of the Environment during Warfare under International Criminal Law (p.
5)
Chapter Two. Regulation of the Intentional Destruction of the Environment during Warfare under Treaty Law (p.
47)
Chapter Three. Regulation of the Intentional Destruction of the Environment during Warfare under Customary International Law (p.
119)
Chapter Four. Regulation of the Intentional Destruction of the Environment during Warfare under the Existing Rome Statute Regime (p.
177)
Chapter Five. Incorporating Crimes against the Environment into the Rome Statute (p.
219)
Appendix (p.
289)
Bibliography (p.
297)
Curriculum Vitae (p.
353)