WAR CRIMES AND CRIMES AGAINST HUMANITY COMMITTED VIA ENVIRONMENTAL OFFENCES

This paper examines the intentional destruction of the natural or man made environment as a means of committing war crimes or crimes against humanity to achieve political or military objectives. It argues that such environmental offences – whether inside or outside armed conflict – constitute independent methods of warfare when designed to affect the life, health, or living conditions of a large population so as to undermine the adversary’s capacity. The paper does not address collateral environmental damage (governed by proportionality) nor purely domestic environmental crimes. Through case studies (Vietnam, Yugoslavia, Iraq, Gaza, Iran, Ukraine), it demonstrates that existing international legal frameworks suffer from interpretive ambiguities and enforcement gaps, rendering accountability virtually impossible when powerful states are the perpetrators.

KEYWORDS / KLJUČNE REČI: 

war crimes, crimes against humanity, environmental offences, depleted uranium, international criminal law

ACKNOWLEDGEMENT / PROJEKAT:

REFERENCES / LITERATURA:

• Oxford Learner’s Dictionary of Academic “Environment.” Oxford University Press. Accessed [date]. https://www.oxfordlearnersdictionaries.com.
• United Report of the United Nations Conference on the Human Environment. Stockholm, 5–16 June 1972. UN Doc. A/CONF.48/14 and Corr.1 (1972). Also printed in International Legal Materials 11 (1972): 1416.
• Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis (London Charter). 8 August 82 UNTS 279.
• Rome Statute of the International Criminal Adopted 17 July 1998, entered into force 1 July 2002. 2187 UNTS 3.
• Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD Convention). Opened for signature 10 December 1976, entered into force 5 October 1108 UNTS 151.
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