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8 Geo. Int'l Envtl. L. Rev. 67 (1995-1996)
Humanitarian Law, Protection of the Environment, and Human Rights

handle is hein.journals/gintenlr8 and id is 75 raw text is: COMMENTARIES Humanitarian Law, Protection of the Environment, and Human Rights NEIL A.F. Popovi* War is not healthy for children and other living things. Vietnam-era slogan of Another Mother for Peace. I. INTRODUCTION Environmental degradation is endemic to armed conflict - whether direct, such as the physical destruction of a forest or the fouling of a water source, or indirect, such as an attack on a factory which results in the release of environmentally dangerous chemicals. In either case, the environmental destruction at issue has profound human consequences and corresponding significance both as a humanitarian law issue and a human rights issue. International humanitarian law and international human rights both seek to protect human beings from harmful activities, but each addresses the problem from a different perspective and with a different set of procedures. International humanitarian law regulates the conduct of armed conflict by imposing constraints at the state-to-state level. The International Commit- tee of the Red Cross (ICRC) undertakes the bulk of protective activities conducted under humanitarian law. International human rights principles impose obligations and constraints on states and imbue people with specific enforceable rights in armed conflict and in general. Human rights procedures operate in national, regional and global forums, with states, international organizations, and individuals as subjects and objects of the relevant procedures. Although humanitarian law and human rights constitute separate bodies of law, each with its own procedural mechanisms and institutional struc- tures, the two are not unrelated. Protection of the environment in wartime * Attorney, Sierra Club Legal Defense Fund, International Program, San Francisco, California; A.B., J.D., University of California, Berkeley; M.A., Tufts University. The author would like to acknowledge the contributing research and ideas of predecessors and colleagues at the Sierra Club Legal Defense Fund. Special thanks to Lauri J. Adams and Adriana Fabra Aguilar. Thanks also to Major Richard M. Whitaker, Judge Advocate, United States Army.

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