NAVIGATING LEGAL FRONTIERS: CLIMATE CHANGE, ENVIRONMENTAL PROTECTION AND ARMED CONFLICT

Abstract

Climate change is not a direct course of armed conflict, but it can exacerbate existing tensions and vulnerabilities, potentially increasing the risk of conflict. In the last few years, the issue of climate change has increasingly being the topic of policy debate. The relationship between armed conflict, the environment and climate change is intricate and challenging to define while International Humanitarian Law includes some environmental protections, it did not anticipate the connection to climate change. Climate change can act as a risk multiplier, intensifying negative socio-economic impact and conflict related environmental damage may contribute to climate change. However, the focus has been mostly on climate risks and environmental degradation as drivers of conflict. Building on the operational experience of International Committee of the Red Cross, this article provides a more nuanced perspective on the legal frontiers of armed conflict, climate change and environmental protection. This article also reflect on the a legal framework for International Humanitarian Law and Environmental Protection, classifying the scope of application of the United Nations Climate Change Regime, why the UN Climate Change Regime is applicable to belligerent occupations, the UN Climate Change Regime and the laws in force in the occupied territory, the extraterritorial application of the UN belligerent occupations, the principle of legal stability and continuity of treaties and the UN Climate Change Regime, the holistic application of International Humanitarian Law, International Human Rights Law and the UN Climate Change Regime during belligerent occupations and made some recommendations as regards to climate change, environmental protection and armed conflict.