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dc.contributor.advisorvan der Poll, L
dc.contributor.advisorDube, A
dc.contributor.authorM’Banza, Frederic Ghislain Bakala
dc.date.accessioned2015-06-04T08:31:37Z
dc.date.available2015-06-04T08:31:37Z
dc.date.issued2014
dc.identifier.urihttp://hdl.handle.net/11394/4277
dc.descriptionMagister Legum - LLMen_US
dc.description.abstractThe International Committee of the Red Cross/Crescent (ICRC) has been the only agency promoting the observance of the law of armed conflict. It has invested considerably in finding solutions to protecting people and regulates the means and methods of warfare. Throughout the development of the law of armed conflict, the protection of the environment was never the centre of focus. From the early 1868 Declaration of Saint Petersburg to the Hague Regulations of 1907, attention was given to weakening the military forces of the enemy and the right of the belligerents not to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war. Through AP I, the basic principle of IHL was reaffirmed. The concepts of military necessity and proportionality became clearer, permitting only those acts of war which are proportional to the lawful objective of a military operation. Considering the cruelty experienced through the crises that occurred in the RC, it is therefore imperative for the administration to enforce their observation. In the light of the above background the aims of this research paper are to seek to explore the challenges that the current RC administration is facing in implementing IHL and IEL principles. In addition, the research paper will analyse the possibilities to promote the implementation of IHL and IEL instruments within the public domain, mostly the army, to dissipate any ignorance that occur. The International Court of Justice (ICJ) has also made it clear that an obligation rests upon states to take environmental considerations into account during armed conflict in so far as these relate to states’ military objectivesen_US
dc.language.isoenen_US
dc.publisherUniversity of the Western Capeen_US
dc.subjectArmed conflicten_US
dc.subjectEnvironmenten_US
dc.subjectEnvironmental rightsen_US
dc.subjectInternational Environmental Law (IEL)en_US
dc.subjectInternational Humanitarian Law (IHL)en_US
dc.subjectMilitary activitiesen_US
dc.subjectProtectionen_US
dc.subjectRepublic of Congoen_US
dc.titleThe protection of the environment during armed conflict: a case study of the Republic of Congoen_US
dc.typeThesisen_US
dc.rights.holderUniversity of the Western Capeen_US


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