International Humanitarian Law under the light of the right to a healthy, clean and sustainable environment: the role of human rights in the proportionality principle

Abstract

It is an undeniable fact that international and non-international armed conflicts have become a threat to a healthy, clean and sustainable environment, creating long-term and often irreversible impacts for current and future generations. While the right to a healthy, clean and sustainable environment has been recognized and is increasingly being developed nationally, regionally, and internationally, the law governing armed conflicts, International Humanitarian Law, is not yet well-equipped to protect the natural environment. The present thesis examines the role of the right to a healthy, clean, and sustainable environment in the proportionality principle. The main question is what the role and relevance of the right to a healthy, clean, and sustainable environment is in proportionality assessment. The innovation of this thesis lies in the intersection and application of this right during armed conflicts, addressing how the right to a healthy, clean, and sustainable environment can make a difference in the assessment of the proportionality principle. Another focal point of this thesis is examining the status of the mentioned right in international human rights law. Drawing from this analysis, this research examines the interaction between international humanitarian law and international human rights law. The overall aim is to provide greater protection for the environment during armed conflicts. A doctrinal research method with a human rights approach is used in this thesis. Findings of this research will contribute to the discourse on the protection of the environment during armed conflicts.