2 However, the two additional protocols are closely related – many of the APII rules from which environmental protection can be derived or implied are similar to rules contained in API. While APII and Common Article 3 are the primary IHL rules regulating NIACs, the four Geneva Conventions and Additional Protocol I (API) provide for more comprehensive regulation of IACs. Lastly, pillage is expressly prohibited under Article 4 of APII, which may play a role in curbing the exploitation of natural resources in NIACs.Įxpanding the rules applicable in international armed conflicts to enhance environmental protection in non-international armed conflicts Indirect environmental protection can also be derived from Article 15 of APII that protect man-made objects such as dams, dykes and nuclear installations. Similarly, under Article 14 of APII, areas which produce livestock or crops, or which contain water resources indispensable to the civilian population and whose destruction would result in the starvation of civilians if destroyed, also enjoy absolute protection. In a nutshell, under Article 13 and Article 17 of APII, the environment is immune from attack in areas where there are civilians, and attacks against the environment that would force civilians to flee their homes are prohibited. However, Additional Protocol II (APII) to the Geneva Conventions does contain several provisions providing indirect protection to aspects of the environment. In contrast to the international humanitarian law (IHL) treaties regulating IACs, which provides direct environmental protection in terms of Articles 35 and 55 of Additional Protocol I, none of the treaties regulating NIACs contain provisions providing direct environmental protection. The current state of legal protection in non-international armed conflicts
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