THE CONFLICT-SENSITIVE APPROACH APPLIED TO THE MITIGATION OF ENVIRONMENTAL DEGRADATION ARISING FROM ARMED CONFLICTS
DOI:
https://doi.org/10.25192/ISSN.1982-0496.RDFD.V.29.II.2740Abstract
Considering, therefore, the aggravation and agglutination of increasingly complex and simultaneous phenomena in large-scale humanitarian emergencies, this study will understand the interconnections between the elements of conflict, humanitarian assistance, and environmental degradation. In this respect, this investigation aims to present the conflict-sensitive approach as a useful analytical tool that can greatly contribute to dealing with such multifaceted situations. The main objective of this research is to understand the impacts caused by the combination of the occurrence of armed conflicts and the occurrence of the climate and environmental crisis in the lives of the most vulnerable populations. Furthermore, seeking to improve the debate for lasting and effective solutions, this proposal will lead to hypotheses that will serve both possible legal and humanitarian solutions. Then, it will be necessary to understand, in the following order: how armed conflicts affect the natural environment (I); how the climate crisis exacerbates the severity of armed conflicts (II); and, finally, the understanding of the natural environment as a neglected victim by the International Humanitarian Law and its scope of protection, at the same time that it can be used as an effective weapon of war when it comes particularly to the conduct of hostilities (III). The conflict-sensitive approach will base this study as a methodological theory belonging to the area of knowledge relating to humanitarian studies (international humanitarian action).
Keywords: Climate change. Environmental catastrophes. Environmental degradation. International Environmental Law. International Humanitarian Law
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References
AUSTIN, J. E. BRUCH, A. E. The environmental consequences of war: legal, economic, and scientific perspectives.Cambridge: Cambridge University Press, 2000.
BOUVIER, A. GRIGNON, J. QUINTIN, A. SASSÒLI, M. How does law protect in war?Geneva: ICRC, 2014. Disponível em: https://casebook.icrc.org/glossary/environment Acesso em: 14 de fevereiro de 2022.
CHRISTIANSEN, S. M. Climate Conflicts: a case of International Environmental and
Humanitarian Law. Springer International Publishing, 2016.
DAS, O. Environmental Protection, Security and Armed Conflict: a sustainable development perspective.Cheltenham, Northampton: Edward Elgar Publishing Limited, 2013.
GUERRA, S. O Direito Internacional das Catástrofes. 1 ed. Curitiba: Instituto Memória, 2021.
GUERRA, S. Curso de Direito Internacional Público. 14 ed. São Paulo: Saraiva Educação, 2022(a).
GUERRA, S. Curso de Direitos Humanos. 7 ed. São Paulo: Saraiva Educação, 2022(b).
HILHORST, D. VOORST, R. V. Humanitarian action in disaster and conflict settings: insights of an expert panel.The Hague: International Institute of Social Sciences (ISS), 2018.
INSTITUTE FOR ECONOMICS & PEACE. Ecological Threat Report 2021: understanding ecological threats, resilience, and peace. Sydney: IEP, 2021.
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC). The Geneva Conventions of 12 August 1949. Geneva: ICRC, 1949.
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC). Protocol Additional to the Geneva Conventions of 12 august 1949 and relating to the protection of victims of international armed conflicts (Protocol I), of 8 June 1977. Geneva: ICRC, 1977.
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC). International Humanitarian Law and the challenges of contemporary armed conflicts recommitting to protection in armed conflict on the 70th anniversary of the Geneva Conventions. Geneva: ICRC, 2019.
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC). Guidelines on the protection of the natural environment in armed conflict: rules and recommendations relating to the protection of the natural environment under international humanitarian law, with commentary. Geneva: ICRC, 2020 (a).
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC). When rain turns to dust: understanding and responding to the combined impact of armed conflicts and the climate and environment crisis on people’s lives.Geneva: ICRC, 2020 (b).
INTERNATIONAL COMMITTEE OF THE RED CROSS. Customary IHL Database.Disponível: https://ihl-databases.icrc.org/customary-ihl/eng/docs/home Acesso em: 17 mai. 2021.
KOPPE, E. The Use of nuclear weapons and the Protection of the Environment during International Armed Conflict. Oxford, Portland, Oregon: Hart Publishing, 2008.
KUNREUTHER, H. C., MICHEL-KERJAN, E. O. At War with the Weather Managing Large-Scale Risks in a New Era of Catastrophes. Cambridge, London: The MIT Press, 2009.
LEE, J. R. Climate Change and Armed Conflict: Hot and Cold Wars. Routledge, 2009.
NETT, K. RÜTTINGER, L. Insurgency, Terrorism and Organised Crime in a Warming Climate: analysing the links between climate change and non-state armed groups. Berlin: Climate Diplomacy, 2016.
SASSÒLI, M. International Humanitarian Law: rules, controversies, and solutions to problems arising in warfare. Cheltenham: Edward Elgar Publishing Limited, 2019.
UNITED NATIONS. Protecting the Environment during Armed Conflict: an inventory and analysis of International Law.United Nations, 2010.
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