Not long ago, looking after forests, rivers, and clean air was seen as each nation’s own business. That view has shifted. Today, our planet is widely regarded as a shared inheritance, and a healthy environment has joined the roster of fundamental human rights. Nothing tests that right more harshly than war. Bombs and shelling don’t just take human lives; they torch fields, seep toxins into waterways, and push entire ecosystems to the brink—damage that can linger for decades, sometimes forever. Alarmed by this grim record, states and courts have begun stitching together a web of rules meant to shield nature even when armies clash. Conventions lay down principles, tribunals echo them in their judgments, and a growing body of law insists that conflict is no excuse for ecological ruin. Yet good intentions in legal texts do not automatically spare a wetland or a coral reef. This study probes a simple, stubborn question: how well do these lofty promises hold up once fighting starts? To answer, it sifts through treaty clauses and court opinions, weighing where they succeed and where they fall short. The exercise is more than academic. Policymakers, commanders, and advocates all need clear signposts—practical guidance that can translate rules on paper into protection on the ground. By mapping the gaps alongside the gains, this work aims to help those on the front lines of law and diplomacy keep one truth in view: even amid the chaos of war, the Earth should never become expendable.

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Environmental Protection During Armed Conflicts Between Legal Codification and Judicial Practice

  • Adil El Balbal,
  • Abdelaali Arroubi

摘要

Not long ago, looking after forests, rivers, and clean air was seen as each nation’s own business. That view has shifted. Today, our planet is widely regarded as a shared inheritance, and a healthy environment has joined the roster of fundamental human rights. Nothing tests that right more harshly than war. Bombs and shelling don’t just take human lives; they torch fields, seep toxins into waterways, and push entire ecosystems to the brink—damage that can linger for decades, sometimes forever. Alarmed by this grim record, states and courts have begun stitching together a web of rules meant to shield nature even when armies clash. Conventions lay down principles, tribunals echo them in their judgments, and a growing body of law insists that conflict is no excuse for ecological ruin. Yet good intentions in legal texts do not automatically spare a wetland or a coral reef. This study probes a simple, stubborn question: how well do these lofty promises hold up once fighting starts? To answer, it sifts through treaty clauses and court opinions, weighing where they succeed and where they fall short. The exercise is more than academic. Policymakers, commanders, and advocates all need clear signposts—practical guidance that can translate rules on paper into protection on the ground. By mapping the gaps alongside the gains, this work aims to help those on the front lines of law and diplomacy keep one truth in view: even amid the chaos of war, the Earth should never become expendable.