Page 27 - report_A Matter of Survival

A Matter of Survival

Prohibition against attack, destruction or rendering useless Protocol II especially, under Articles 14 and 15 lays down stringent
water and water infrastructure provisions when it comes to the protection of water resources.
Article 54(2) of Additional Protocol I of Geneva Conventions Protection of the environment
States: “It is prohibited to attack, destroy, remove, or render
useless objects indispensable to the survival of the civilian Provisions of Additional Protocol I give protection to the
population, such as … drinking water installations and supplies environment during armed conflicts, as seen mainly in Articles
and irrigation works, for the specific purpose of denying them 35 and 55. Article 35 States that: “it is prohibited to employ
for their sustenance value to the civilian population or to methods or means of warfare which are intended, or may be
the adverse Party, whatever the motive, whether in order to expected, to cause widespread, long-term and severe damage
starve out civilians, to cause them to move away, or for any to the natural environment.” Article 55 focuses on the survival
other motive.” Similar protection is afforded under Article 14 of of civilian populations stating that: “1. Care shall be taken in
Additional Protocol II. Furthermore, this rule is deemed to be warfare to protect the natural environment against widespread,
customary international law applicable both in international and long-term and severe damage. This protection includes a
non-international armed conflicts. prohibition of the use of methods or means of warfare which
are intended or may be expected to cause such damage to the
Although it is sometimes argued that the definition of “water natural environment and thereby to prejudice the health or
installations” is ambiguous, in practice it tends to refer to large survival of the population,” and “2. Attacks against the natural
entities, which are vital in preventing the starvation of civilians. The environment by way of reprisals are prohibited.”
quoted provision could also be interpreted to cover situations in
which large infrastructure is controlled by a warring party. Article Although neither of these provisions directly mentions water,
53 of Geneva Convention IV prohibits occupying powers from it can be assumed that water, as an integral part of the
destroying property belonging to the state, which is particularly environment, is afforded protection under these rules.
important in the context of water given its necessity for the survival
and well-being of the civilian population in the occupied territory. Furthermore, the Environmental Modification Convention
(ENMOD), which came into existence in the context of the Vietnam
Prohibition against starvation War, offers some degree of protection to water resources and
facilities as well.
In any armed conflict, the starvation of civilians as a method
of warfare is expressly prohibited in both international and In addition,
non-international armed conflicts as noted in Article 54 of
Additional Protocol I and Article 14 of Additional Protocol II. A ▪ The 1997 UN Watercourses Convention further validates
this protection under International Humanitarian Law not
violation of these provisions may be deemed a war crime. Since
water is necessary to avoid starvation, the prohibition against only for water infrastructure but also for international
watercourses. Article 29 States “International Water
starvation given under the Geneva Convention and its Protocols Courses and related installations facilities and other works
thus applies in the context of water as well.
shall enjoy the protection accorded by the principles and
rules of international law applicable in international and
Prohibition of attacks against installations containing dangerous
forces non-international armed conflict and shall not be used in
violation of those principles and rules.”
The Protocols also prohibit the attack on “works or installations ▪ The Right to Water is guaranteed under International
containing dangerous forces, namely dams, dykes and nuclear Covenant to Economic Social and Cultural Rights (ICESCR).
electrical generating stations… even where these objects The General Comment No. 15 adopted by the UN Committee
are military objectives, if such attack may cause the release on Economic, Social and Cultural Rights recognizes the right
of dangerous forces and consequent severe losses among for everyone to have “sufficient, safe, acceptable, physically
the civilian population” (Additional Protocol I, Article 56). It accessible and affordable water for personal and domestic
must be noted that while Protocol I does provide that if these use” (E/C.12/2002/11). The right entails inter alia the
installations are used for “significant and direct support for the prohibition of threat to the physical security of any person
military,” then derogation from the rule could be allowed and while accessing water facilities and services.
the object can be attacked. The principles of military necessity ▪ International Criminal Law under the International Criminal
and proportionality as laid down under Article 51(5)(b) and 52 Court Statute declares the intentional destruction of civilian
of Protocol I would certainly be applicable when deciding upon property and the natural environment in an international
the derogation mentioned above. The parties to the armed armed conflict a war crime and water infrastructure could
conflict are also under an obligation to ensure that they take certainly be construed to be included within its ambit (Article
all measures necessary to protect civilians and civilian objects 8(2)(b)(iv)). It also prohibits, in an international armed
(Article 57 of Protocol I). conflict, the use of starvation as a method of warfare, calling
it a war crime. Denial of water is a means of starvation (Article
However, Additional Protocol II applicable in non-international 8(2)(b)(xxv)). Due to this broad recognition, the prohibition
armed conflicts affords no such derogations or exceptions. on the use of starvation should also be considered a war

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