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10УДК 341.3; 349.6
Нэдхер Ахмед Мандил,
кандидат юридических наук, доцент кафедры международного права юридического колледжа
Тикритского университета
Аль Али Насер Абдель Рахим,
кандидат юридических наук, заведующий кафедрой международного права Московского института
государственного управления и права
МЕЖДУНАРОДНЫЕ НОРМЫ ПО ОХРАНЕ ОКРУЖАЮЩЕЙ СРЕДЫ И ИХ РЕГУЛИРОВАНИЕ ВО ВРЕМЯ ВООРУЖЕННЫХ КОНФЛИКТОВ
Нанесение разрушительного ущерба окружающей среде неизбежно, особенно во время вооруженных конфликтов и применения химического или бактериологического оружия - происходит существенное негативное воздействие на окружающую среду и это представляет значительную опасность для выживания населения и для его демографического роста. Использование наземных мин (противопехотных мин, фугасов) или кассетных бомб, чернобыльская катастрофа 26 апреля 1986 года - взрыв четвертого блока Чернобыльской атомной электростанции, расположенной на территории СССР - яркие примеры разрушения окружающей среды и человеческого бытия в мирное время. Во время Первой и Второй мировой войны ущерб окружающей среде обычно ускользал от внимания исследователей, и лишь в 1974-1977годах Международным Комитетом Красного Креста были организованы дипломатические конференции, целью которых стала разработка и ратификация международно-правовых документов, положения которых направлены на защиту окружающей среды во время вооруженных конфликтов - специальные нормы по защите окружающей среды во время вооруженных конфликтов были приняты и окончательно утверждены на дипломатических конференциях в Статье 50 и пункте 3 Статьи 35 - где права человека являются приоритетом, которые не вызывали особенного интереса у делегаций повстанцев и неудивительно, что в случае конфликта немеждународного характера вопрос о применимости международного гуманитарного права является достаточно сложным. Тем не менее, этот вопрос был отражен в Протоколе 2 на дипломатической конференции в 1977 году. Однако, нормы и принципы международного права, которые могут быть использованы с целью защиты окружающей среды во время вооруженных конфликтов и международного права в целом, включают в себя и совокупность норм, которые косвенно защищают окружающую среду. Соответственно этот вопрос рассматривается в двух разделах нашей статьи:
В первом разделе рассматриваются прямые и косвенные международные соглашения, направленные на защиту окружающей среды во время вооруженных конфликтов. Роль международных организаций и национальных законодательств по защите окружающей среды рассматривается во втором разделе статьи.
Nadher Ahmed Mandeel,
PhD in Law, Assistant Professor of International Law in College of Law of the Tikrit University
Al Ali Naser Abdel Raheem,
PhD in Law, Head of Chair of International Law of the Moscow Institute of Public Administration and Law
THE RULES OF THE INTERNATIONAL PROTECTION OF THE ENVIRONMENT AND DEVELOPING THEM IN TIMES OF ARMED CONFLICTS
Where environmental vulnerability of the damage during an armed conflicts will be inevitable, as a result of the devastating effects of the weapons that might be used during the conduct of hostilities, biological and chemical weapons, which negatively and significantly affect the environment and pose a significant risk to the survival of the population, which as is the case when the use of landmines and cluster shells and the Soviet Chernobyl nuclear reactor which exploded in 1986 - this is an example of the destruction of the natural environment and human life, even if in the case of the peace.
Although the protection of the environment during an armed conflicts has not received the importance, it deserves despite the environmental massive destruction suffered by the First and the Second World wars, the 1974-1977 diplomatic conference, convened by the International Committee of the Red Cross (ICRC) to confirm the development of international humanitarian
law applicable in armed conflicts. The special provisions of the natural environment protection during international armed conflicts accepted by the conference and were finally approved within the Article (50) and paragraph (3) of Article (35), were unlucky those relating to none - international armed conflicts, it has drawn opposition from delegations present at the conference on the grounds that the priority should be concern for human rights in such disputes, and that the rebels would not bother with these laws any interest, and these armed non-international conflicts remained without any operation of an international organization to the subject of environmental protection, and so the rules of humanitarian international law did not address the subject of environmental protection. However, this is an additional Protocol II in the 1977 only.
However, the rules and principles contained in humanitarian international law, which can be employed to protect the environment in the period of armed conflicts; also humanitarian international law includes a set of rules that protect the environment indirectly. Accordingly, the address of this issue requires discussions in two sections:
In the first section there are direct and indirect agreements for international protection of the environment during an armed conflicts. Finally, there is the role of international organizations and national legislation to protect the environment in the second section.
Section One
Direct and Indirect Agreements International Protection of the Environment during an armed conflicts
The international community focused directly in protecting the environment during an armed conflicts. This is reflected clearly in the various international conventions, which were intended to protect the environment, having issued many direct and conventions, which dealt with the protection of the environment during an armed conflicts and therefore, we will deal with the international conventions for the protection of the environment in the first demand. In the second demand of this research we will discuss the indirect agreements that provide protection for the environment and the intended protection indirect is in the international humanitarian conventions that have not been used explicitly term environmental law as a modern term, but the motive of holding those conventions and protocols is to protect the environment or ones of its members.
First Demand The Direct Agreements for the International Protection of the Environment
We will discuss four main branches in this demand. The direct international conventions are for the protection of the environment. The most important of The Hague Convention is for the Protection of Cultural Property in the Event of Armed Conflict in 1954, in the first section. Then the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological of 1970 m is in the second section. There is the Convention on the prohibition of the use of environmental modification techniques for military purposes or any other purposes hostile to 1976 in Section III. Finally, there is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction of 1993 m in Section IV.
Section I
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954
Cultural property must be under protection as a human heritage according to the rules of the international protection of the environment of a humanitarian character during an armed conflict. It is noteworthy that cultural property may be real estate or transported. It may include works of art or historical monuments, museums and places of worship, libraries, etc. We consider such property of the built environment, so it must be protected during an armed conflict and appeared that interest, especially after World War II came to The Hague Convention of 1954 on the Protection of Cultural Property in the Event of Armed Conflict [1]. It identified the First Article, which is intended cultural property whatever the origin and its king as:
1. movable and immovable property of great importance Architectural heritage building peoples or technical ones, or the historical and archaeological sites and groups of buildings that are gaining by collects historical or artistic values, and artifacts, and manuscripts.
2. allocated buildings as head of and effective to protect and exhibit the movable cultural property described in paragraph (I) such as museums, large libraries and stores, as well as manuscripts refuges intended to shelter movable cultural property in paragraph (first) in the time of armed conflict, as well as the centers which contains a wide range of cultural property set out in paragraphs (1, 2) and which called the commemorative buildings.
From that turns out that the definition may select cultural property that is covered by international protection during an armed conflict, so there is no
confusion as to have longer covered by the cover of international protection or not. And that the cultural property is a part of the built environment as that created by human. However, this protection has been clouded by deficiencies during an armed conflict. As the agreement was not possible to fully implement, it is the fact that most of the armed conflicts, internal conflicts as well as a special protection system failure and also the weakness of the control mechanism of application of the Convention. As shown that an evident in the aftermath of the tragedy that occurred in the former Yugoslavia from the intentionally destroy of the Mostar Bridge and the bombing of the old city of Dubrovnik prompted by UNESCO to re-examine the Convention [2]. Then series of meetings held in order to prepare a draft Protocol II, who presented at the Diplomatic Conference, which was held between 15th -26th March of 1999 and the conference adopted unanimously in the text of the Second Protocol of 26.03.1999. [2]. The international protection of the environment is constructed and included in this protocol during an armed conflict, whether international or internal (1). As well as creating enhanced protection system organized by Article 11 of Protocol II. As the right to each party wishing to put cultural property under enhanced protection to submit to the Commission, -the committee established for the Protection of Cultural Property in the Event of Armed Conflict consists of (twelve) party elected, then issued by the meeting of the Parties to the list of those cultural property which necessitates a request granted enhanced protection.
It went the will of the High Contracting Parties to the Second Protocol of 1954 to innovation enhanced protection as organized in Chapter III of this Protocol in the material of the tenth until the fourteenth (2). As Article 10 authorized put cultural property under enhanced protection and requires the availability of the following three conditions:
1. That cultural property is a heritage and Cultural on the biggest side from mankind importance. Here, we conclude that it must be characterized by cultural property to be placed under enhanced protection that it is not of an individual, but also the importance of international significance of the group represented by many of the people even arguably relevant mankind importance, meaning that its survival and protection prevail in the intellectual and cultural mankind peoples' utility when brews have found.
2. Such property was protected by appropriate legal measures and management at the national level to recognize its cultural and historical worth, to ensure
1 The Article (43) of Protocol II of 1954 which entered into effect on 9/3/2004 after the deposit of document of ratification twentieth.
2 Articles (10, 14) of the Convention on the Second Protocol to
The Hague Convention of1954M.
the level of protection. This means that the national authorities are protecting the property before requesting placed under enhanced protection. This condition, because we believe rightly enhanced protection, is a confirmation enhancing precedent for the protection of cultural OWNED worthy of international protection of cultural significance and human.
3. Not to be cultural property to be placed under the enhanced protection at this time used for military purposes or as a shield to protect military positions. It requires that declares the party be monitored, it would not be used for military purposes.
And ours to wonder is it possible loss of enhanced protection of cultural property, suspension and cancellation?
We have replied Article 4 of the Protocol on this question, when it gives the right of the Commission to suspend the inclusion of cultural property enhanced protection or cancel by deleting that property from the list, when the fail cultural property to fulfill any of the criteria contained in Article 10 of this Protocol to which we have referred. When the fail cultural property to fulfill any of the criteria contained in Article 10 of this Protocol to which we have referred previously. The Article 14 gave the session of the Committee on the right to suspend the coverage of the cultural property of enhanced protection in the event of a serious violation of Article XII of the Protocol as a result of its use in support of the military action. In sum, The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and its Protocol is one of the international conventions which provided the international protection of the environment, specifically the built environment.
Section II
The Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological for 1970
The Convention contains a clear confirmation of the effective prohibition of chemical weapons, and pledged to continue negotiations with a view to access to effective measures necessary to prohibit the Development, Production, Storage personnel mines as the target of a fundamental objective should be access it. The Articles I, II and X of the Convention are the above concepts (3). As reported the First Article confirmation of the prohibition of all arms whether germ warfare, biological so as not to be used in military purposes during an armed conflict this interrupt every effort of harm to the environment in times of an armed conflict. The Second Article of the Convention itself, the commitment
3 Material (02/01/10) of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological to 1970.
of each State party to destroy all what it has of weapons and equipment mentioned in the First Article whether these weapons under their jurisdiction or control or that the transferred for use to peaceful purposes. Stipulating this Article to take all necessary precautions to protect the environment, the Article 10 in the second paragraph, it called on the international community to be a leading role by the parties to the Treaty of the international protection of the environment and the maintenance of their natural resources. It is so effective claims the elaboration and application of collective policies for economic development, and the protection of the environment, and the use of technological development in the field of activities bacteriological (biological) for peaceful purposes. In order to achieve the full, the natural environment of international protection, and from images that achieved is the failure of States during an armed conflicts and the destruction or targeting the ad hoc installations peaceful activities so that there would not be impeded (4).
Section III
Convention on the Prohibition of the Use of Environmental Modification Techniques for Military or Any Other Hostile Purposes 1976
The provisions of the Convention emphasize, inter alia based by the States parties to achieve its objective the use of these technologies for military purposes or hostile acts that may have significant adverse effects on human welfare. The Convention emphasizes the effective prohibition of the Use of Environmental Modification Techniques for military or any other hostile purposes aimed at the elimination of the use of the dangers for humanity. The first, fourth and fifth materials have shown this Convention for these purposes. As agreed by the States parties to this Convention to what came in the First Article of which and assumed not to resort to such acts in time of armed conflict and the use of techniques that would bring about a change in the environment and lead to the far-reaching implications in terms of its deployment on the wide areas of lands or to have a characteristic remain in the air or land or sea for long, causing big damages all creatures, objects or that those techniques explosive or severe impact on the natural environment. Through the excessive use of those techniques for military purposes or any other hostile purposes as a means of inflicting damage or destruction or Incurrence of losses to other parties participate in time of armed conflicts or hostilities or means of other hostile acts. And that paragraph (3) of Article 1, recommended on
4 Article (10 / 1.2) of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological to 1970.
States parties, vowed to abide not to assist or encourage or fortifying of any group of States or any international organization to adhere in activities incompatible with the provisions of this Article.
That Article Fourth of the Convention obliges States parties to take all measures and through constitutional bases for the prohibition and prevention of any activity lead to a violation of the provisions of the Convention, so that cannot any State party to the Convention to find any justification under the national laws of the violation of the provisions of the Convention. That Article 5, paragraph (5) of which stipulates (vows to each of the States parties to the Convention, in accordance with the provisions of the Charter of the United Nations aid or support, any State party requests that, if the Security Council decided that this party has damaged or likely to be affected as a result of a violation of the Convention).
It is clear that these legal materials for the categorical in read, as its ruling does not stop at the commitment the president the obligation not to use of environmental modification techniques. But there is a commitment to address the damage to the State party. But the pledge includes addressing the damage to the State party and provides support and assistance to the State party in which there is a possibility that they will be harmed as a result of a violation of the Convention if the report of the Security Council.
Therefore, this Convention are not determined or observe certain time on the basis of Article 7 of the Convention, which stipulates that: ((this convention of indefinite duration)), which holds the international community the full commitment bound since the pledges at all times in order to preserve the lack of any changes in the environment due to the use of advanced technologies scientifically during an armed conflict and thereby preserve and attention to the protection of the international environment.
Section IV
Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of 1993
The Convention prohibits chemical weapons has been defined in the Convention Article toxic chemicals as any material that could be through defused a chemist in the vital operations that there is a death or a deficit temporarily or permanently damaging humans or animals including all chemicals of this kind (5). That Article 1 of the Convention included the general
5 Article (2/2) of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of 1993.
obligations of States parties undertake not to produce chemical weapons or owned or stored or transferred, since the possession of chemical weapons necessarily mean stored and then transmitted from one place to another when necessary. In this a significant risk to the environment if it was exposed to explosion for any reason, and that applies to the use because the biggest danger: Paragraphs (2,3,4,5) of Article 1.The obligations on States parties) contains provisions to destroy all chemical weapons owned and maintained destruction includes also any chemical weapons have left on the territory of other States parties to this Convention, as well as the facilities whereby the production of such weapons, the destruction that would not allow for the production of these destructive weapons again. Paragraph (5) of this Article had committed States parties not to use in the field of anti-riot police as a means of the means which can be used in war or during an armed conflict, as the chemicals used to influence the nervous system, the participants in the riot. From the above it is clear that the basic premise that led to the conclusion of that agreement is to protect the natural environment and organisms and dignitaries in the States parties. It is therefore for international protection for the environment of all kinds and its components were to be of the obligation not to develop chemical weapons or their productions or stored, or use and measures and procedures to ensure the destruction of these weapons, and also destruction of its production facilities. Backing to the Article 5 again, we believe that there are legal provisions are binding on all the parties in respect of the facilities for the production of chemical weapons, the paragraph (4) include provision stating: (stop every State party immediately all activity in the facilities for the production of chemical weapons ... except activity relief required). Either paragraph (5) of the same Article states that: ((not any State party to build a new facility for chemical weapons or amend the list of facilities for the production of chemical weapons for any activity prohibited under this Convention) from this conclude that this convention has established the basic principle of the preservation of the environment and of any risks may be caused by those weapons. Paragraph (7) of the same Article obligates States parties' full commitment to the implementation of the requirements of the international organization on the Prohibition of the production or storage of chemical weapons in the points below (6):
1. The State party is committed too close of all chemical weapons production facilities in a time period not to exceed ninety days of the entry into force of the Convention on the right to provide notification to the
6 Article (5/7) of the Convention on the Prohibition of the Development, Production Weapons, Stockpiling and Use of Chemical Weapons and on Their Destruction of 1993.
General Secretariat of the International Organization. It allows for investigation to play its role in the follow-up to the State party commitment to the provisions of the Convention and its operational procedures.
2. The State allows by harnessing its means access to Inspection teams to chemical weapons production facilities all after closing it to make sure these teams from closing those facilities until the completion of the destruction done by location monitoring devices that take their places in chemical weapons production facilities.
From this we conclude that this paragraph includes the need to close all chemical weapons production facilities. The States parties must inform the international organizations so that the inspection teams' role in the verification of completing this procedure. Explaining that paragraph providing the potential of the inspection teams to reach production facilities to make sure that the teams of the closing of the facilities in preparation for taking measures destroyed under the supervision of the international organizations.
Paragraph (11) of Article 5 stipulates that: (took over each State party a top priority to ensuring the safety of people and the protection of the environment during the destruction of chemical weapons production facilities, and the destruction of each State party facilities for the production of chemical weapons in accordance with national criteria... )
Article 7 of this convention is under the title of (the national implementation measures). They indicate two: the first case: the general commitment which must abide by the State party explains that was clear in paragraphs (1, 2, 3) of the Article.
The second case: organizing the relationship between the State party and the international organization are explained in paragraphs (4, 5, 6, 7) of Article above itself, as shown below:
The first situation under paragraph (1) of this Article, defining the obligations and commitments that should be the obligation on States to implement, including:
1. Banning of natural and legal persons, whether individuals or organizations residing on its territory or in any other places under its jurisdiction to carry out any activities prohibited any State party to this Convention by application of the provisions of the international protection of the environment. It also must be on the State party to issue a deterrent national legislation to confirm the ban, which was adopted by the international community and supported.
2. Does not allow a State party to this Convention undertakes an activity prohibited in places under their control to be targeted against any State party to this Convention.
3. Prohibiting the international protection of the environment on the Prohibition of the production of
chemical weapons to the State party not to participate in any proscribed activities.
Paragraph (2) of this Article, the State party has opened how to cooperate with other States parties, especially in the area of legal aid in order to facilitate the obligations in paragraph (a) above.
It is clear that the common interest which is the protection of the environment from chemical weapons can be achieved if there is a legal commitment with the items of this Convention, either paragraph (3) of this Article gives the first importance of the safety of human beings and protection of the international environment through the implementation of this Convention, starting from the announcement of these prohibitions are passing through the phases of the investigation and inspection of chemical weapons production facilities and Completely destroyed in the final phase as stated earlier.
The second case: it is represented in paragraphs (4, 5, 6, 7) of this Article, as it is calling paragraph (4). Each State party must establish a national body in the process of securing the communication between the State party and other States, to achieve the legal obligation, committed by the State party in order to achieve the destruction of chemical weapons production facilities and this required paragraph establishment of this body at the start of the implementation of this Convention.
Paragraph (5) compels the State party to inform the organization of legislative and administrative measures; all required by the implementation of the Convention in the area of destruction of chemical weapons facilities. Paragraph (6) obliges the State party to maintain the confidentiality of the information and data received from the Organization. Paragraph (7) obliges the State party to provide assistance and all means of cooperation with the Organization for the exercise of all its functions.
The conclusion of the above that this part of Article 7 included the legal obligation of the State party to implement the Convention, which aims primarily to the international protection of the environment and the safety of human beings and the rest of the organisms' objects. This in turn underlines the keenness of the international community in the provision of international protection of the environment.
The Convention provides international protection of the environment, the prohibition of chemical materials for harming public liberty human and animal, and expand the scope of the ban to include the herbicide varieties, and environmental considerations when the destruction of this disarmament as banning the dumping in the water or burial in the ground or incineration as a means of destruction (11) [3], resulting in the provision of international protection of the environment during an armed conflict and in the time of peace, and this is an evident in the establishment of an international
organization to control the implementation of the items of this Agreement.
Second Demand
Indirect Agreements International Protection of the Environment
We will discuss the indirect international protection of the environment conventions with three branches in this Convention. We have dedicated the first section of the Convention on the Prevention of the Crime of Genocide of 1948. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, it can be considered Excessively Injurious or to have Indiscriminate Effects of 1980, in section II. In section III we have studied the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of AntiPersonnel Mines and on Their Destruction of 1997.
Section I
The Convention on the Prevention and Sanction of the Crime of Genocide of 1948
The name of genocide indicates the policy of mass murders organization usually by governments rather than individuals. Against various groups committed during the genocide attempts to the communities and peoples on the basis of national or ethnic and religious sects, or political as classified as an international crime in the Convention the United Nations approved unanimously by in 1948, and ratified by the following Arab countries: Egypt, Iraq, Jordan, Kuwait, Libya, Morocco, Saudi Arabia, Syria and Tunisia. The preamble to the Convention refers to the condemnation of the civilized world for crimes of genocide, promised the first Article of this Convention - genocide is a crime in accordance with the provisions of international law, and that the contracting States take it upon themselves to undertake to prevent their occurrence and also undertakes to punish its attribution for the purpose of saving humanity from the scourge and the prevention of harm to humanity and harm the environment and the fact that the stability of the human life requires all the humanitarian needs of the continuing life(7). Including the preservation and protection of the environment during an armed conflict and to punish those who committed the crime of genocide, which is referred to in Article 3 of this Convention, which not only to punish at the time of the genocide, but came the punishment for acts which precede the occurrence of the crime of genocide was criminalized. When notaries are there is the protection of the environment through what caused this text from the impact of the abstention
7 Articles.(1/2) of the Convention on the Prevention and Sanction of the Crime of Genocide of 1948.
from the commission of an act constituting a crime, and thus the safety of humanitarian and not to commit such a crime and the occurrence of the damage to the environment. Article 4 of this Convention, identifying the persons who are punished when they committed the crime of genocide, where the punishment expanded to include the rulers and employees, or individuals. When stipulates that: (punishable perpetrators of genocide or any of the other acts enumerated in Article III of the constitutionally responsible rulers, public officials or individuals) (8).
From that turns out that environmental protection is the duty of the text was not the perpetrator of the crime of genocide with impunity when committed any crime (genocide), which are detrimental to humanity like a human being and the needs of his life and of which natural and environmental. And Article 8 of the Convention to allow the United Nations to play an active role in the protection of the environment, through the granting of the right of any party of the contracting parties to request the United Nations organs for the protection of the environment. This is confirmed in the advisory opinion of the International Court of Justice in its consideration of the issue of nuclear weapons in the year 1996, as the court said that respect for the environment is one of the elements in the assessment of whether military action was in accordance with the (the principle of necessity). The Court stated that States must take environmental considerations in protection when assessing what is necessary and proportionate in the pursuit to determine the legitimate military objectives (9). It can be seen that the court had paid attention to the environmental aspects during an armed conflict and the competent authorities to take in accordance with the Charter of the United Nations as it deems appropriate an appropriate measure to prevent acts of genocide and suppression, for the purpose of the maintenance of humanity and its continued existence in time of peace and war. Mankind is linked to the availability of the availability of the necessary needs of the human person and those around him, in the forefront of those needs to maintain a sound environment and inform them international protection in peace and during an armed conflict.
Section II
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious
or to have Indiscriminate for the year 1980
8 Article (4) of the Convention on the Prevention and Sanction of the Crime of Genocide of 1948.
9 International court of justice. Nuclear weapons case, advisory
opinion
The world has witnessed wars for use by the parties to the conflict and the means and methods of fighting caused pains and unjustifiable (10), called on the international community to move forcefully to ensure better protection for victims during an armed conflict, organized by the International Committee of the Red Cross conference of governmental experts aimed at the development of international humanitarian law applicable in time of armed conflict. Discussed at this Conference the question of the prohibition of the use of certain weapons, adopted by the General Assembly of the United Nations call for convening an international conference to prohibit the use of certain conventional weapons with taking into account the requirements of military and humanitarian were identified and conventional weapons of the harmful impact of indiscriminate. The conference resulted in the holding of the Convention on 10.10.1980 [1].
States parties to the Convention on the adoption of important principles adhere to all States Contracting Parties, including that the parties involved in the armed conflict do not have the absolute right to choose methods or means of warfare but governed by international humanitarian law and international environmental law, calling for respect for the principle of depriving used during an armed conflict missiles and weapons materials and methods of warfare which could cause or cause excessive damage. And this is in turn also to damage to the environment during an armed conflict. If this were implemented the Convention fully adhered to the States Parties, it would not accept the doubt to the protection of the environment against direct and indirect damage.
Section III
The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and Their Destruction of 1997
The conviction of the signatory parties to that Convention to do the utmost to contribute in an efficient and coordinated manner to facing the challenge of removing anti-personnel mines planted in various parts of the world and the assurance of their destruction, based on the principle that prohibits during an armed conflict to the use of weapons, projectiles and materials, and methods of warfare of a nature to cause superfluous injury or unnecessary suffering, and on the principle that a distinction must be made between civilians and combatants have therefore States parties to protect the part of the environment during an armed conflict, as reported the First Article of the Convention and the general obligations, including:
10 Article.23/e) of the Regulation concerning the Laws and Customs of War on Land of 1907.
1. Each State party undertakes not under any circumstances: the use of anti-personnel mines and in so doing to prevent pollution of the environment these mines, and pledges to item (b). Not to use, or production of anti-personnel mines or acquisition or in any other way, or stored or retain or transfer to any place directly or indirectly. In item (c) the Parties undertake not to assist or encourage or whatever in any way to do any activity prohibited to a State party under this Convention: a negative obligation so that there would be no extension of lid help to broadcast mine clearance and damage to the environment.
2. Each State party shall undertake to destroy all anti-personnel mines or ensure destroyed in accordance with the provisions of this Convention. And the Third, Fourth and Fifth Articles for the nineteenth reported the ban to protect the natural environment of the damage that afflict. We have adopted the Convention the criterion of a comprehensive ban on anti-personnel mines both the use or storage, or production, or transfer, or destruction, has paid considerable attention to ban the use of mines by giving the First Commit to address other than the Convention on the Prohibition of the Chemical Weapons Convention of 1993, provided elements other prohibitions on the use of, the Convention referred to the obligation of States parties made a statement of the environmental impacts of the request for the extension of the duration of the destruction of anti-personnel mines in the Convention^1).
It is clear from the foregoing that the international conventions for the comprehensive ban of weapons of a particular provide effective legal protection of the environment during an armed conflict and attention to this protection even when the destruction of those weapons.
Second Section The Role of International Organizations and National Legislation for the Protection of the Environment during Armed Conflicts
In this section we will try to show the role of international organizations in the protection of the environment in the first requirement. Then the role of national legislation is to protect the environment in the second requirement. We will discuss it in accordance with the following:
The First Requirement The Role of International Organizations
They have exercised a significant role in protecting the environment during armed conflicts
11 Article.(5/4), of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction of 1997.
and to highlight the role of these organizations, we will discuss this requirement in the role of the United Nations Organization in the section I, and in the section II, the role of the International Committee of the Red Cross.
Section I
The Role of the United Nations Organization in the Protection of the Environment
We have started the United Nations efforts to protect the environment before and during the Second World War. In cooperation with some Governments many agreements and protocols have concluded, with the beginning of the 1940s and 1950s, all of which are working in the protection of the environment, in 1969 the proclamation confirmed by the General Assembly of the United Nations in Article (13) of the protection of the human environment improvement must be the desired objectives. Thus I returned the beginning of the 1960s is the starting point for the emergence of groups of the conventions and protocols on the protection of the environment [4], and the convening of the United Nations Conference on Environment in the city of Stockholm in Sweden in 1972, in 1977 the International Conference on environmental education in the Soviet Union [5], at the international level focused conferences to discuss the problem of damage to the environment during an armed conflict. The efforts of the International Law Commission of the United Nations role in the adoption of the draft Code of Crimes against the Peace and Security of Mankind, Article (twenty-second session), for serious war crimes which read: (all of an individual who commits a crime of exceptionally serious war crimes or orders the commission, shall be liable on conviction thereof). It is intended the crime of war grave: (breaches of the Geneva Conventions of 1949 and causing extensive destruction to property or seizure was not justified by military necessity and carried out unlawfully and indiscriminate manner).
And other efforts on the protection of the environment during an armed conflict is the program of the United Nations Environment Program (UNEP) and the General Assembly, and the international conferences in addition to the role assigned to the International Committee of the Red Cross to establish guidelines concerning this issue, at the beginning of the conflict the Gulf War of 1991, through the Governing Council of the United Nations expressed concern about the environmental destruction and decided in May of 1991 to recommend that Governments study carefully, Arms and cessation of hostilities and the use of the technologies which have adverse effects on the environment. As the Governing Council invited the General Assembly to review the Convention on the Prohibition of the techniques of change in the environment and indeed the
holding of this Conference for the period from 14th -18th of September, 1992. The formulation of the environment during the Gulf crisis present in the discussions of the Conference. As the Conference issued a statement calls to strengthen the procedures for the implementation of international commitments in the area of the protection of the environment during an armed conflict [6]. The United Nations has also collaborated with many other organizations in the area of environmental protection, in 1993, established the Organization of the International Committee of the Red Cross in Geneva to work in cooperation with the United Nations on the protection of the environment of disasters and pollutants [5]. As well as the environment during the US occupation of Iraq in 2003 from the great damages included the natural environment and the constructed environment used forbidden weapons, all of the cluster bombs and Phosphorescent, uranium and there was no deterrent despite all the international conventions and protocols on the prohibition of these weapons in time of armed conflict. Therefore, the duty of the international community to consider the process of exclusivity of the international resolution to take the legal procedures as a deterrent to those in harm to the environment in times of armed conflict, the United Nations has played an active role in advocacy for the protection of the environment through advocacy to Conferences which calls for the Prohibition of Chemical Weapons, which harm the environment in the times of armed conflict.
Section II
The International Committee of the Red Cross in the Protection of the Environment
Established by the International Committee of the Red Cross Robert Mani in Geneva in 17.02.1863, it stemmed from the international movement of the Red Cross and Red Crescent Societies [7]. The International Committee of the Red Cross is the organization of independent and impartial function purely humanitarian is the protection of the lives and dignity of the victims of armed conflict and internal violence and to help
them, this Committee has sought to prevent suffering through the dissemination of international law and humanitarian principles and strengthen the world [8]. The International Committee of the Red Cross to the active role in taking the initiative of the codification of the rules of international humanitarian law and the Geneva Conventions also under the auspices of the Committee, as well as The Hague Conventions two for 1899-1907 Protocol to the Geneva Conventions of 1925(12). Earlier, the International Committee of the Red Cross in November for 1920 the message to the General Assembly of the League of Nations proposing an absolute prohibition on asphyxiating gases. In the year of 1921, and obtained the agreement of the Tenth International Conference of the Red Cross on the absolute mistake to use the gas as a weapon, either released through the air or missile mediation or otherwise [8]. The Committee had contributed in the areas of humanitarian serve including proposal and the formulation of humanitarian agreements on the basis of respect for the dignity of the human person as well as the Fourth Geneva Convention, concerning the protection of civilians in time of armed conflicts [9]. This contributed to the Committee in the prohibition of weapons ofmass destruction through urged states to ban, embody that through the declarations and international conferences held by, in a resolution adopted unanimously by the International Conference in its (17) of the Red Cross (ICRC), held in Stockholm in August 1948) appealed to States formally the prohibition of recourse to blind weapons and the use of atomic energy, or any other similar purposes of war [10]. We conclude from the foregoing that the Committee plays a strong role in the protection of the environment, promote through the convening of several international conferences for the development of rules of international protection of the Environment, adopted resolutions calling upon States to the elimination of weapons of mass destruction and the prohibition of all weapons that threaten the environment during an armed conflict, and thus reflected the role of the International Committee of the Red Cross the perpetrator in the protection of the environment, whether a natural environment or constructed environment.
Reference list
1. Dr. Sharif Atlam, MohammadMaherAbdel Wahed: Encyclopedia of Humanitarian International Law Conventions, I. 4, the International Committee of the Red Cross (ICRC), Cairo, 2004.
2. Vito Rio Minetti: New Horizons for the Protection of Cultural Property in the Event of Armed Conflict, Entering the Second Protocol to The Hague Convention 1954 into Effect, International Review of the Red Cross, 2004.
3. United Nations Environment Programmer, Protecting the Environment during an Armed Conflict an Inventory and Analysis of International Law, (UNEP), November, 2009.
4. Dr. Badria Abdullah Al-Awadhi: The Role of International Organizations in the Development of International Law, Research Published in the Journal of the Kuwaiti Law, Faculty of Law, The Ninth Year, Second Edition, 1989.
5. Dr. Majid. Unwilling Sweet: The Environmental Protection Act, Legal Library to House the University Publications, Alexandria, 1999. _
12 Additional Protocols to the four Geneva Conventions of 1949.
6. Dr. Salah Abdul Rahman AL-Hadithi: The International Legal Regime for the Protection of the Environment, I. 1, Halabi Legal Advice, Lebanon, Beirut.2010.
7. Henry Dunant: A Memory of Solferino: Arabization, d. Sami Zarzis, The International Committee of the Red Cross, 3rd Floor, Geneva, 1994.
8. Parliamentary Working Directory (1) Respect for International Humanitarian Law and Ensure Respect for, The International Committee of the Red Cross (ICRC), Switzerland, 1999.
9. Akila Hadi Issa: Towards International Protection of the Human Right to the Environment, Master Thesis Submitted to the Faculty of Law, University of Baghdad, 2000.
10. Francois Bugnion: Fifty Years Ago a Disaster Befell Hiroshima, Search in International Review of the Red Cross, Number 43 of the Third Year, the International Committee of the Red Cross, Geneva, 1995.
11. Dr. Ahmed Mohamed Hashish: Legal Concept of Environment in the Light of Contemporary Weapons Law, The National Library of Legal, Egypt, 2008.
12. TarekIbrahim ElDesokiAtia: Environmental Security and the Legal System to Protect the Environment, the New Dar University, Egypt, 2009.
13. Environmental Protection in the United Arab Emirates, the Site on the Internet: https://www.abudhabi.ae/portal/ faces/link;jsessionid
14. Dr. Kazem Mikdadi: Iraqi Environment, Research Published in the Journal of Civilized Dialogue, Number 1407. 2005.
15. Imad Jassem Obaid: Environmental Legislation in Iraq, c 1, I. 1, Library and Archives, Baghdad, 2012.
16. Dr. Nawar Daham al-Zubaidi: The Legal Framework for the Protection of the Environment in Iraq, Research Published in the Journal of the Legislation and the Judiciary, on the Internet site: tqmag.net/body.asp?field=news_ arabic&id=454
International conventions
1. The Regulation concerning the Laws and Customs of War on Land of 1907.
2. The Convention on the Prevention and Sanction of the Crime of Genocide of 1948.
3. The Protection of Cultural Property in the Event of Armed Conflict in 1954.
4. The Convention on the Second Protocol to The Hague Convention of1954.
5. The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological to 1970.
6. Additional Protocols to the four Geneva Conventions of 1977.
7. The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of 1993.
8. International Court of Justice. Nuclear Weapons Case, Advisory Opinion.
9. The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction of 1997.
