Book contents
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Chapter 7 Medical and Religious Personnel and Objects (Rules 25–30)
- Chapter 8 Humanitarian Relief Personnel and Objects (Rules 31–32)
- Chapter 9 Personnel and Objects Involved in a Peacekeeping Mission (Rule 33)
- Chapter 10 Journalists (Rule 34)
- Chapter 11 Protected Zones (Rules 35–37)
- Chapter 12 Cultural Property (Rules 38–41)
- Chapter 13 Works and Installations Containing Dangerous Forces (Rule 42)
- Chapter 14 The Natural Environment (Rules 43–45)
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Chapter 14 - The Natural Environment (Rules 43–45)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Chapter 7 Medical and Religious Personnel and Objects (Rules 25–30)
- Chapter 8 Humanitarian Relief Personnel and Objects (Rules 31–32)
- Chapter 9 Personnel and Objects Involved in a Peacekeeping Mission (Rule 33)
- Chapter 10 Journalists (Rule 34)
- Chapter 11 Protected Zones (Rules 35–37)
- Chapter 12 Cultural Property (Rules 38–41)
- Chapter 13 Works and Installations Containing Dangerous Forces (Rule 42)
- Chapter 14 The Natural Environment (Rules 43–45)
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Summary
Rule 43. The general principles on the conduct of hostilities apply to the natural environment:
A. No part of the natural environment may be attacked, unless it is a military objective.
B. Destruction of any part of the natural environment is prohibited, unless required by imperative military necessity.
C. Launching an attack against a military objective which may be expected to cause incidental damage to the environment which would be excessive in relation to the concrete and direct military advantage anticipated is prohibited.
Practice
Volume II, Chapter 14, Section A.
Summary
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
Principle of distinction
The rule that it is prohibited to attack any part of the natural environment unless it is a military objective is based on the general requirement that a distinction be made between military objectives and civilian objects (see Rule 7). This rule is reflected in Protocol III to the Convention on Certain Conventional Weapons, which provides that “it is prohibited to make forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives”. The military manuals and official statements which consider that an area of land may be a military objective if it meets the required conditions also reflect this.
- Type
- Chapter
- Information
- Customary International Humanitarian Law , pp. 143 - 158Publisher: Cambridge University PressPrint publication year: 2005