The principle of prohibiting environmental destruction under the guise of military necessity

Abstract

Abstract: The prohibition of any type of environmental destruction is an international goal due to the increase in industrial activities that produce severe effects on the environment on the one hand, and on the other hand the large number of international and non-international armed conflicts and their direct impact on the environment, as the latter is an important element for survival, and therefore any destruction of the environment is in itself a destruction of humanity. Therefore, an international ban must be provided for every type of environmental destruction, based on the international texts provided by the environmental agreements, as well as the international principles that prohibit environmental destruction during armed conflicts and even in times of peace. The international community had to address environmental destruction or at least reduce it. Agreements and conferences held on environmental protection alone are not enough. There must be a practical means to hold accountable those who commit acts of environmental destruction. This task falls to the international judiciary, which is best suited to bring states and individuals convicted of destroying the natural environment before international civil or criminal justice. © 2023 TUJR, College of Law, Tikrit University