Interrogating the Continuous Protection of the Human Rights to a Healthy Environment During Armed Conflicts: Perspectives from the ‘Southern Cameroons Armed Conflicts’ - North-West and South-West Regions of Cameroon
摘要
Since the outbreak of the Southern CameroonsSouthern Cameroons armed conflict in 2016 (now considered the North-West and South-West Regions of Cameroon), research has focused only on the socio-economic, cultural, human rights and political implications, without attention to its environmental implications. This apparent oversight is concerning given that the environment is a silent casualty of the conflict, notwithstanding the ingrained constitutional protection of environmental rights in Cameroon. A fundamental question to ask is therefore whether the constitutional right to a healthy environment could be continuously exercised in situations of armed conflict, and whether a healthy environment should be perceived as a human right even if or when armed conflict signals the collapse of environmental protection and governance. In this chapter I investigate the possibility of protecting the constitutional right to a healthy environment from the perspective of the conflict-infected North-West and South-West Regions of Cameroon, and whether this could firmly sit within the purview of the International Criminal Court’sInternational Criminal Court’s (ICC) jurisdiction. I allude to the United Nations Principles on Protection of the Environment in relation to Armed ConflictUnited Nations Principles on Protection of the Environment in relation to Armed Conflict and gauge the potential of how the ICC framework can be brought to bear on the problem of dealing with acts of war that specifically damage the environmental rights of the peoples of Southern Cameroons. I further argue that reading this constitutional vision in a way that benefits people and the planet could be a daunting challenge for the government of Cameroon.