1. ПОРУШЕННЯ ЗАБОРОНИ РЕПРЕСАЛІЇ У ФОРМІ ЗАПОДІЯННЯ ШКОДИ НАВКОЛИШНЬОМУ ПРИРОДНОМУ СЕРЕДОВИЩУ ТА ВОЄННИЙ ЗЛОЧИН: ПИТАННЯ СПІВВІДНОШЕННЯ.
- Author
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О. В., Бринзанська
- Subjects
INTERNATIONAL courts ,INTERNATIONAL law ,TOMBS ,VICTIMS ,WAR crimes - Abstract
The article highlights the issue of evaluating the use of reprisal in the form of causing damage to the natural environment, the prohibition of which is established by Part 2 of Art. 55 Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the Protection of Victims of International Armed Conflicts, of June 8, 1977 (AP I) as a grave breach n of АP I and as war crime. Based on the practice of the International Tribunal for former Yugoslavia, the signs of reprisal as a violation of AP I are analyzed. For the purposes of the study, the prohibition of reprisal in the form of damage to the natural environment is considered in the context of prohibitions of reprisals in other forms. Some of them are connected with the objects which cannot be attacked without being the grave breaches of Art. 85 of AP I. Direct or indirect connection between the natural environment or its individual elements are ascertained in the article. Also the relationship between reprisal in the form of damage to the natural environment and reprisal in the form of an attack on the civilian population as a whole and on civilians was analyzed. It is defined that the natural environment is not autonomous from the civilian population and other civilian and military objects, and therefore civilian objects are only elements of the natural environment. It was concluded that the violation of the prohibition of damage to natural environment as reprisal constitutes a breach of AP I, which in the absence of additional signs which are defined in Art. 85 AP I will not reach the threshold of severity of a grave breach of AP I. But damage to the natural environment can constitute both a grave breach of the AP I and a war crime in the sense of this protocol and other sources of international law in combination with the actions which are specified in Art. 85 of the AP I [ABSTRACT FROM AUTHOR]
- Published
- 2024
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