The legitimacy of environmental destruction in modern warfare: customary substance over conventional form
The United Nations must convene a war crimes tribunal to try the Iraqi government for crimes against the environment and other international law violations perpetrated during the Persian Gulf War if international law is to have any future deterrent effect. The sources of international environmental obligations can be traced to the Hague and Geneva Conventions, which contain general prohibitions against destruction of captured territory, and the more specific prohibitions set forth in Protocol I to the 1949 Geneva Conventions and the Environmental Modification Convention.
Publication Name: Boston College Environmental Affairs Law Review
Nuclear weapons, international law and the world court: a historic encounter
The International Court of Justice determined by a slim majority that the threat or use of nuclear weapons was prohibited in international humanitarian and armed conflict laws on Jul 8, 1996. Judges were divided over whether or not a nuclear weapons prohibition was explicitly supported in international law. The conditions when self-defense use of nuclear weapons was allowed were the only unclear part of the ruling. The international obligations created by disarmament treaties were emphasized. More work on the issue remains but the Court provided a good starting point.
Publication Name: American Journal of International Law
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