Environmental Destruction As A Weapon of War: A Human Rights and Humanitarian Law Perspective

Environmental destruction as a war tactic poses significant challenges under international law. This study explores the intersection of International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in addressing war-induced ecological harm, emphasizing “environcide” as a human rights violation. Using a normative juridical method, this research examines legal frameworks, including the ENMOD Convention, Geneva Conventions, and Rome Statute, alongside case studies from Vietnam, Ukraine-Russia, and Gaza. Employing a statute approach and Critical Legal Studies (CLS) analysis, the study reveals structural inequalities and power dynamics that hinder legal enforcement. It also identifies opportunities to strengthen accountability, recognize environcide, and promote participatory legal reforms. Aligning IHL and IHRL through these mechanisms can enhance environmental protection during and after conflict, ensuring a more just and sustainable approach to war’s ecological consequences.

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Publication Details

Journal
Alauddin Law Development Journal
Published
2025-03-29
DOI
https://doi.org/10.24252/aldev.v7i1.54352
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Environmental Destruction As A Weapon of War: A Human Rights and Humanitarian Law Perspective

Aji Baskoro
Alauddin Law Development Journal
Environmental law and policy
article

Environmental Destruction As A Weapon of War: A Human Rights and Humanitarian Law Perspective

Aji Baskoro
article en

Abstract

Environmental destruction as a war tactic poses significant challenges under international law. This study explores the intersection of International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in addressing war-induced ecological harm, emphasizing “environcide” as a human rights violation. Using a normative juridical method, this research examines legal frameworks, including the ENMOD Convention, Geneva Conventions, and Rome Statute, alongside case studies from Vietnam, Ukraine-Russia, and Gaza. Employing a statute approach and Critical Legal Studies (CLS) analysis, the study reveals structural inequalities and power dynamics that hinder legal enforcement. It also identifies opportunities to strengthen accountability, recognize environcide, and promote participatory legal reforms. Aligning IHL and IHRL through these mechanisms can enhance environmental protection during and after conflict, ensuring a more just and sustainable approach to war’s ecological consequences.

Alauddin Law Development JournalVol. 7(1)
Universitas Gadjah Mada (ID)
Openalex Percentile: Top 90%
Environmental law and policy
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