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Addressing the Intentional Destruction of the Environment during Warfare under the Rome Statute of the International Criminal Court.

Addressing the Intentional Destruction of the Environment during Warfare under the Rome Statute of the International Criminal Court. 国際刑事裁判所ローマ規程下における 戦争中の国際的な環境破壊への取組み

・ISBN 978-1-78068-314-0 paper

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著者・編者Freeland, Steven,
シリーズSupranational Criminal Law: Capita Selecta
出版社(Intersentia, BE)
出版年月2015
ページ数viii, 354 pp.
言語ENG
ニュース番号<627-1163 627-L951>

解説

Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved.