Environmental justice in situations of armed conflict
Environmental law and justice in context
Cambridge [etc.] : Cambridge university press, 2009
Bibliographie : p. 250-252. - Photocopies
Within the environmental justice debate, the central question addressed in this chapter, is one of the extent to which the enforceable content of the law of armed conflict requires states to ensure that their military operations conform with national and international law for the protection of the environment. It is an enquiry into what procedures and opportunities are in place for the public to challenge planned military action on the basis of the potential environmental risk that they entail. Secondly, it evaluates the normative content of jus in bello, and the extent to which its regulatory content is directed at the protection of the environment. It examines the extent to which environmental values permeate decision-making in military operations, in particular, in the calculation of what are acceptable risks or not. Thirdly, it involves an assessment of the extent to which existing institutional frameworks address the question of responsibility for environmental damage. This involves an inquiry into the distribution of war-related environmental losses and methods of calculating them. But it also involves an inquiry into criminal processes that may be in place for dealing with transgressions. It is suggested that it is only in relation to the last two incidents that the law of war attempts to incorporate in any meaningful way the concept of corrective or remedial justice.