AN ANALYSIS ON THE EFFECTS OF WEAPONS ON THE ENVIRONMENT IN TIMES OF ARMED CONFLICT

ABSTRACT

This research examines the effects of weapons on the environment in times of armed conflict. The doctrinal research methodology was adopted for the study, and data were sourced from primary and secondary sources. Technically, humanitarian law’s weakness is rooted in relentless technological advancements that give rise to new and unanticipated forms of warfare. The greatest development with regulating the means and methods of warfare recently is in the area of regulation of certain conventional weapons. These heavy weapons have been utilized by parties to armed conflict without considering its devastating impacts on the environment. The study discusses the adequacy of the laws in protecting the environment in times of armed conflict. It further examines the challenges facing the implementation of these laws in protecting the environment in times of armed conflict. The study shows that the application of weapons, the destruction of structures and oil fields, fires, military transport movement and chemical spraying during wartimes have damaging impact on the environment. The study finds that there are various legislations available for environmental protection in armed conflict, as provided by international humanitarian law. The study discovers that despite the presence of various International Humanitarian laws protecting the environment during armed conflict, the applicability and enforcement of these laws have been worrisome. It finds that the limitation of IHL treaties and customary law, non-applicability of IHL treaties to all states, lack of state adherence to IHL norms, and poor mechanisms for enforcement are some of the challenges facing the implementation of IHL in the protection of the environment during wartimes. The research recommends that there is an urgent need to establish a permanent UN body to monitor violations and enforcement of laws protecting the environment during armed conflict. There is also a need to establish a new corpus of law of war designed to abolish the inherent problems in the current set of law on environmental protection during war times.