War Torn Environment

In the recent past the horrors of war have been demonstrated all too vividly. Who would have believed that after Nuremberg there would be any further need for war crimes tribunals, or for the creation of an international criminal court? But, whilst people in conflict countries suffer the mental and physical scars from military bombardment, they also suffer the silent legacy of environmental pollution. The world functions as one large ecosystem: the contamination of one element inevitably feeding into another. Pollution in peacetime has been greatly reduced, but what is the wartime cost to the environment? Wartime weaponry and tactics are strictly controlled by the principles of humanitarian law, but international law can be a slow creature. Are our militaries using weapons today that violate the current laws of armed conflict? Or need new controls be drafted to deal with the environmental, and inevitably human, consequences of modern warfare? The book seeks to analyse the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured. At the centre of the analysis are a number of case studies tackling the most modern weapons and tactics, including the legality of depleted uranium weapons and cluster bombs, the validity of striking chemical weapons facilities and oil installations, and the responsibility for explosive and non-explosive war debris.

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

This book analyses the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured.

For most post-conflict countries, the transition to peace is daunting. In countries with high-value natural resources – including oil, gas, diamonds, other minerals, and timber –the stakes are unusually high and peacebuilding is especially challenging. Resource-rich post-conflict countries face both unique problems and opportunities. They enter peacebuilding with an advantage that distinguishes them from other war-torn societies: access to natural resources that can yield substantial revenues for alleviating poverty, compensating victims, creating jobs, and rebuilding the country and the economy. Evidence shows, however, that this opportunity is often wasted. Resource-rich countries do not have a better record in sustaining peace. In fact, resource-related conflicts are more likely to relapse. Focusing on the relationship between high-value natural resources and peacebuilding in post-conflict settings, this book identifies opportunities and strategies for converting resource revenues to a peaceful future. Its thirty chapters draw on the experiences of forty-one researchers and practitioners – as well as the broader literature – and cover a range of key issues, including resource extraction, revenue sharing and allocation, and institution building. The book provides a concise theoretical and practical framework that policy makers, researchers, practitioners, and students can use to understand and address the complex interplay between the management of high-value resources and peace. High-Value Natural Resources and Post-Conflict Peacebuilding is part of a global initiative led by the Environmental Law Institute (ELI), the United Nations Environment Programme (UNEP), the University of Tokyo, and McGill University to identify and analyze lessons in natural resource management and post-conflict peacebuilding. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address land; water; livelihoods; assessing and restoring natural resources; and governance.

Societal turbulence, state collapse, religious and ethnic conflict, poverty, hunger, and social exclusion all underlie children's involvement in armed conflict. Drawing from empirical studies in eleven conflict-ridden countries, including Pakistan, Sri Lanka, Thailand, Colombia, Uganda, Palestine, Somalia, Liberia, Sierra Leone, Sudan, and South Sudan, Children Affected by Armed Conflict crosses cultures and contexts to capture a range of perspectives on the realities of armed conflict and its aftermath for children. Children Affected by Armed Conflict upends traditional views by emphasizing the experience of girls as well as boys, the unique social and contextual backgrounds of war-affected children, and the resilience and agency such children often display. Including children who are victims of, participants in, and witnesses to armed conflict in their analyses, the contributors to this volume highlight innovative methodologies that directly involve war-affected children in the research process. This validates the perspectives of children and ensures more effective outcomes in postwar reintegration and recovery. Deficits-based models do not account for the realities many war-affected children face. The alternative approaches presented in this edited collection—which acknowledge the realities of both trauma and resilience—aim to generate more effective policies and intervention strategies in the face of a growing global public health crisis.

"Among the crucial problems that confront mankind today are those associated with a degraded environment. This book examines the extent to which warfare and other military activities contribute to such degradation. The military capability to damage the environment and to cause ecological disruption has escalated, and there is no sign that the level of conflict in the world is decreasing. The military use and abuse of each of the several major global habitats -- temperate, tropical, desert, arctic, insular, and oceanic -- are evalusated separately in the light of the civil use and abuse of that habitat"--Dust jacket.

This timely study examines how the environmental impact of modern warfare violates fundamental principles of international environmental and humanitarian laws and why these consideration need to be included in rules of armed conflict. If direct attacks on innocent civilians are universally recognized as unacceptable then environ-mental devastation of their habitat by acts of war must also be recognized as an unacceptable consequence of armed conflict. The author presents the case that the international community understand its responsibility to curb environ-mental consequences of modern weaponry and incorporate environmental concerns into the conventions regulating armed conflict. Published under the Transnational Publishers imprint.