Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


ILC's draft of "protection of the environment in relation to armed conflict" -- A new soft guideline to armed conflict and its impact on China

Author(s): Ying Li

Environment protection is a hot and attractive issue. Most international environment treaties and domestic laws are applicable in peacetime, not in armed conflict. Then the Internati-onal Law Commission of the United Nations decided to include the topic "Protection of the environment in relation to armed conflicts" in 2013 and adopted the first-reading draft in 2019. This paper reviews three critical questions in the environment protection in relation to armed conflict, which they are the condition of environment becomes a military target, the compensatio-n/restoration environment after armed conflict, and the application time is extended to pre-, in, and post-armed conflict. The non-binding force draft is trying to solve and balance the interest between environment protection and States military actions in armed conflict. This paper also argued the impact of draft from respect of Chinese standpoint, and propose China to take into consideration to compile a field operation in jus in Bello for its military force.

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