The Martens Environmental Clause and Protecting the Environment During Armed Conflicts,with an emphasis on the ILC Draft Principles of 2019

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Piri Heidar

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Legal Research Year:2023 | Volume:26 | Issue:102 Page(s): 349-373

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

The Martens Environmental Clause and Protecting the Environment During Armed Conflicts,with an emphasis on the ILC Draft Principles of 2019

Author(s)

Piri Heidar | Issue Writer Certificate

Keywords

Martens Clause

Humanity

Public Conscience

Environmental Protection

Armed Conflict

Abstract

The environment has become a silent victim of Armed Conflicts around the world. Armed Conflict, for whatever reason or justification, causes significant damages to the environment. In this regard, international humanitarian law has protected the environment in a few of its provisions. These provisions which is limited to damages by widespread, long-term and severe nature, are vague and provide only superficial protection. The provisions of international environmental law as well, as an alternative option, is less than adequate to protect the environment during Armed Conflict. Due to non-liquet in international law and to clarify the meaning and scope of Environmental Protection, in 2013, the International Law Commission (ILC) decided to include the topic in its programme of work. Six years later, the ILC adopted ‘‘draft principles on protection of the environment in relation to Armed Conflicts’’. In principle 12, the ILC setting out the Martens Clause in a new form. This inclusion in the draft principles, reflects the role and positon of the Martens Clause in protecting the environment in Armed Conflicts. The author, with a new direction for the Martens Clause, believes that implementing the Clause in this context will result in the emergence and facilitating the emergence of other principles and rules that can protect the environment during Armed Conflict.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans