Environmental Protection and International Peace and Security II

Summarise of video

What we understand from the video is, the disaster of environment is not only happen from industrial activity, air pollution or toxic but it also could be happen from armed conflict. For example, when conflict happen it’s not only will affect human but also our ecosystem, flora fauna, water system, land and etc. The bombs explosion can destroy the plants and make the animals lost their habitat. So, to avoid this there are rules and law of armed conflict. With this before a state start or involve in armed conflicts, they should consider the consequence to the environment. Not only that but also there are some initiative taken by some authorities to ensure the environment.

The environment does not exist as a sphere separate from human actions, ambition and needs and attempts to defend it in isolation from human concerns. Environment also need protection and also important in conflict prevention and resolution, peace negotiations, peace-building, peacekeeping, and humanitarian response.

Environmental Protection and International Peace and Security II

Introduction

This topic brings a two different concept and explanation but it is somehow related and affected each other. Before the 21st century, there have been a lot of war and conflict on going and environment has not even become an issue for anyone to raise it up. Certainly, during that period everyone was clearly focusing only on their interest such as conquering territory, fight against power, and expansion of colonial interest. But after the time keeps moving on, with all states become civilize and declare independence, they started to realize that they need a good environment in order to establish a good civilization and welfare for the states and people. That is how the environmental law starts to relate with international peace and security and sometimes they put a different accusation among them as environment with the concept of protecting the environment but international peace and security were also doing the same thing but withdraw of considering the environment than the use of arms equipment which certainly would give an impact towards environment.

1.The Relationships of Armed Conflict and Environment

There is a clear tension between environmental protection and the armed conflict. The parties to an armed conflict are usually guided not by environmental considerations but by their military objectives. In fact, their activities will normally have an intentional or accidental negative impact on the environment. Some parties with an armed conflict even use environmental damage or modifications as a means of warfare. Although this happens less frequently, its consequences are serious. (Briesen,2018)

History is full of examples of the devastating impact of armed conflict on the environment. The use of chemical weapons during the World War I, the bombing of areas during the World War II and the atomic bombing of Hiroshima and Nagasaki are examples of environmental collateral damage and illustrates that with the advent of the so-called Weapons of Mass Destruction the environmental risks of armed conflict have become even more serious.

Serious environmental damage was caused during the war in Vietnam between 1955 and 1964 until 1975 by military operations. Between 1961 and 1971, US military forces used chemical defoliants to counter the enemy strategy of hiding in the jungle. Dioxin was included in at least one of these defoliants called Agent Orange. To destroy rice and other food crops, some chemicals were used. To this day, the Vietnamese landscape, food chain and human health are still affected. During the 1990 until 1991 Gulf War also serious environmental problems arose. Iraq dumped crude oil into the Persian Gulf, causing the largest offshore oil spill in history at that time. In addition, Iraqi military forces withdrawing from Kuwait set fire to oil in Kuwait as part of a policy of military strategy that aims to destroy anything that could be useful to the enemy while advancing or withdrawing from a place. The use of depleted uranium ammunition and cluster bombs was extremely controversial during the 1999 Kosovo conflict. More recently, the use of air fuel explosives in Afghanistan during the war in 2001 has raised environmental concerns. (Briesen, 2018)

However, the environment is not only affected by actual warfare. The effects of land mines, cluster munitions and remnants of war have become increasingly worrying. Moreover, the very destruction of existing stocks of mass destruction weapons and other munitions poses its own environmental problems.

List of armed conflict that affect environment

1. Atomic bombing of Hiroshima and Nagasaki

2. Vietnam War 1961and 1971(Agent Orange)

3. Gulf War 1990-1991

4. 1999 Kosova conflict

2. The Law of Armed Conflict.

There is a law in armed conflict. The law of armed conflict is really important especially to protect people in the world, prisoners of war, ecosystem, nature dan our environment. There are 2 of law in armed conflict firstly is customary law, second the treaty law applicable to non- international armed conflict.

Firstly, the first law in armed conflict is the customary applicable to international armed conflict. In this law, in this law there is a rule of 43 stated that no part of the natural environment may be attacked unless it is military objective. This means that it is important for civilian to protect environment because when disaster environment happen it may be effect to the many things such as ecosystem and nature. In rule 43 also mentioned that the destruction of any part of the natural environment is prohibited and when the attack against military objective with disproportionate collateral damaged to the environment are also prohibited in armed conflict. Meanwhile in rule 44, they have mention to requires states and conduct military operation to avoid and minimize incidental damage to environment.

Next, the law of armed conflict is treaty law applicable to international armed conflict. In this law, there is article 13- 16 II mentioned to aimed at protecting population or others from be attack and they want to indirectly contribute to the protection of environment in non- international armed conflicts. At the same time, from article 3 of the Geneva Convention stated that there is no contribute any further to the protection of environment, the ICRC’S study of customary international law suggest that will be a basic rule for the protection of environment in international armed conflict, such as obligation to pay due regard to the environment and the principle that precautions have to be taken, also apply to non- international armed conflicts. In this law, they also mentioned the government should respect peacetime rules on the international protection of environment. This can be easily be established on the basis of no harm rule which undisputedly applies in peacetime international environmental law.

3. The Applicability of Multilateral Environmental Agreement (MEA) in Times of Armed Conflict.

The important thing in this argument, they have mentioned about the principle 24 of the Rio Declaration which stated that every country should respect international law protection for environment in time of armed conflict and cooperate in its further development as necessary. This is because, respect of the environment is one of the objectives to assessing whether an action is in conformity with the principle of necessity and proportionality. MEAs are the binding international instruments which more than two states become a party. If anyone breach the MEA a state was responsible to it. Moreover, the rising of compliance mechanism provide means to facilitate states to comply with MEA provisions. Some of the MEA provisions that that relevant to armed conflicts are the UN Convention on the Law of the Sea (UNCLOS) 1982, Convention on Long-Range Transboundary Air Pollution (LRTAP) 1979, and Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)1989 (UNEP, 2009). The court takes the position that protection of environment as embodied in peacetime MEA’s will have to be considered in decision making processes related to means and method of warfare.

4. Environmental Impact of Arms Control and Disarmament Obligations

If there is an inherent tension between armed conflict and protection of the environment, it seems likely that arms control and disarmament promotes environmental protection. However, this is not self-evident. Indeed, it is no surprise that some authors have even identified potential conflicts between green and peace.

The primary object and purpose of the Chemical Weapons Convention (CWC) is a comprehensive ban on chemical weapons and not only on their use, but primarily the destruction of all stockpiles and the supervision of states in their peaceful use of chemical processes in order to prevent the abuse of such capacities for military purposes. In order to eliminate entirely this category of weapons, parties to the Convention are under an obligation to destroy existing stockpiles within a rather strict timeframe (Article IV and V CWC). In light of practical problems, the schedule originally foreseen has been extended by the Organization for the Prohibition of Chemical Weapons (OPCW). Pertinent provisions of the CWC include an obligation to ‘assign the highest priority to ensuring the safety of people and to protecting the environment’ (Articles IV(10) and V(11) CWC).

Dealing with national implementation of the Convention, Articles VII(3) CWC expressly stipulates that each party ‘during the implementation of its obligations under this Convention, shall assign highest priority to ensuring the safety of people and protecting the environment, and shall cooperate as appropriate with other States Parties in this regard’. These obligations are further specified by the pertinent provisions of the CWC’s annexes. In addition, the OPCW has to this end provided assistance to parties. (Silja & Rüdiger, 2016)

The destruction of chemical weapons poses particularly severe threats to the environment. Other arms control and disarmament treaties also raise environmental problems. To this end, states have entered into bilateral agreements aiming at mutual assistance in the environmentally sound implementation of arms control and disarmament obligations.

5. Example of Security Program (Interpol’s Initiative with UNEP Cooperation)

International Criminal Police Organization or commonly known as INTERPOL is an international organization that facilitates international police cooperation. It has become the world’s largest police organization. It plays an important role in combating all forms of transnational crime and terrorism and also support law implementation agencies around the world. Most will think that INTERPOL only engage in armed conflict but they do contribute to save the environment. Environmental crime that occur globally not only threaten the sustainable development but also peace and security. As environment become an important and serious issue Interpol with the cooperation of UNEP take several actions to protect the environment. Based on UN environment press release (2013) environmental crime such as illegal trade of wildlife and timber, smuggling and illegal fishing become international program. The team that collaborate within Interpol to address environmental crime is known as Environmental Security Programme (ENS). Based on Interpol-UN Environment (2016), under this they initiate four projects, each focussing on a specific crime area.

1. Project Law Enforcement Assistance for Forests (LEAF)

This project focus on forest crime which is illegal logging and timber trafficking. As the demand for log increasing many were involving in illegal logging. It was believed that in Central and South America, West Africa and South East Asia illegal logging took place in a large scale. This had directly threatened the effort to combat climate change, conserve wildlife and deforestation. Interpol's first transnational action aiming large-scale illegal logging is in February 2013 around Central and South America. Through the operation they succeed to arrest almost 200 illegal loggers and seize million dollars’ worth of timber. Project Leaf supports states to tackle illegal logging and forest crime which undermine efforts to implement nationwide and worldwide forest protection policies and sustainable forestry practices. Moreover, this project get fund from various agencies such as the German Federal Ministry of Food and Agriculture (BMEL), Norwegian Agency for Development Cooperation (NORAD) and the United States Bureau of International Narcotics and Law Enforcement Affairs (INL).

2. Project Predator

This project focus on the poaching of Asian big cats and other wildlife animals and the trafficking of their parts. Nowadays, tigers, antelopes, turtles and rhinos are also included in this project. This is because these animals are haunted for their parts such as the furs from Asian big cats and tigers. In black market the demand for the fur are very high and certain body parts are used as traditional medicines. Therefore, to stop this Interpol works to increase cooperation with high level enforcement experts, investigators and analysts who works at ground level, with this they were able to detect the criminals. Project Predator had undertaken nine intelligence-led operation from 2010 to 2015 in 50 countries. In this operation they manage to arrest 560 and seize many endangered animals and parts.

3. Project Scale

This project focus on illegal fishing. Interpol plays a role by supporting its member countries by recognizing, preventing and disrupting transnational fisheries crime. World fish stocks are decreasing rapidly, and valuable species are facing extinction. Illegal fishing had threatened food security and the economic, social and political stability of a state. Therefore Project Scale aims to overcome the problems by raising awareness of fisheries crime and consequence, support institutionalized cooperation such as through the establishment of National and Regional Environmental Security Task Forces(NESTs and RESTs) and facilitate local and transnational operations to defeat crime, distract trafficking routes, and ensure the enforcement of state legislation.

4. Project Wisdom

This project focus to tackle the poaching of elephants and rhinos. It cannot be denied that ivory and rhino horns are very famous and sold at high price in the Asian countries. Africa become the target of Project Wisdom as many cases occur there. The population of elephant in Africa are decreasing as the illegal trade for ivory increase. In 2011 around 17000 African elephants were illegally killed which had threaten the elephants in wild. Project wisdom get support and fund from International Fund for Animal Welfare (IFAW), and now from the Wildcat Foundation.

Conclusion

In conclusion, the disaster of environment is not only happened from industrial activity, air pollution or toxic but it also could be happened from armed conflict. For example, when conflict happen it’s not only will affect human but also our ecosystem, flora fauna, water system, land and etc. The bombs explosion can destroy the plants and make the animals lost their habitat. So, to avoid this there are rules and law of armed conflict. With this before a state start or involve in armed conflicts, they should consider the consequence to the environment. Not only that but also there are some initiative taken by some authorities to ensure the environment such as the Interpol. Everyone will think that Interpol is responsible for armed conflicts but they eventually responsible in maintain the peace and security of environment. With the collaboration of UNEP, Interpol had taken some projects and are facing succeeds in overcoming environment crimes.

The environment does not exist as a sphere separate from human actions, ambition and needs and attempts to defend it in isolation from human concerns. Environment also need protection and important in conflict prevention and resolution, peace negotiations, peace-building, peacekeeping, and humanitarian response.

References

Briesen, D. (2018). Armed conflict and environment: From World War II to contemporary asymmetric warfare. Baden-Baden: Nomos.

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