Page 29 - A_Matter_of_Survival_FINAL(1)_Classical
P. 29

Into the Abyss: Water in Armed Conflicts












































             on the use of starvation should also be considered a war   While the normative process intended to strengthen the
             crime in non-international armed conflicts. With Article
             8(2)(e)(xiii) which is applicable in non-international armed   authority and implementation of IHL continues to be important,
                                                              the strategic role of water can be seen both in the growing
             conflict, the intentional  use  of  poison  is  considered a  war   number of armed conflicts in which the warring parties, mainly
             crime, and could be applied in cases in which water sources   non-state actors involved in non-international armed conflicts
             are poisoned.
                                                              nowadays, tend to use water as a weapon. The fact that many
                                                              of the conflicts take place in water-stressed areas in the Middle
           Recent Developments                                East and North Africa adds to the strategic importance of water
                                                              in the armed conflicts of our time.
           The evolution of international law in the past decades, especially
           IHL, provides a solid legal framework for water protection as part   The conflict in Darfur, Sudan is fueled by rivalries between local
           of civilian protection in armed conflicts. With the exception of   communities and tribes for access to arable land and water
           the 1997 UN International Watercourses Convention, the relevant   resources. A number of wells were poisoned in a campaign to
           international instruments have also been broadly ratified and   intimidate local residents during the conflict. Subsequently,
           accepted by states. Additional ratifications are welcome and   water issues were integrated into the Darfur Peace Agreement
           continue to be called for.                         of 2006 signed by the Government, the Sudan Liberation
                                                              Movement/Army, and the Justice and Equality Movement.
           Compliance problems with IHL in contemporary armed conflicts
           remain serious, and have been aggravated in several conflicts of   During the early phase of armed conflict in Libya, Muammar
           our time. Recently a number of international instruments have   Gaddafi’s forces reportedly shut down two-thirds of Tripoli’s
           sought to strengthen IHL. The resolution on “Strengthening of   water resources, creating water shortages for a large part of the
           Legal Protection for the Victims of Armed Conflicts” adopted at   country’s population.
           the 31st International Conference of the Red Cross and the Red
           Crescent in 2011 is a case in point. The UNEP Assembly adopted   In Somalia, Al-Shabaab cut water supplies to liberated cities to
           an important resolution on the “Protection of the Environment in   demonstrate their continued power and presence in the areas
           Areas affected by Armed Conflict” in 2016 (UNEP/EA/Res.15). The   they lost to government forces.
           1994 ICRC Guidelines for Military Manuals and Instructions on
           the Protection of the Environment in Times of Armed Conflict are   These examples demonstrate the ruthless use of water as a
           relevant to the legal regulation and actual conduct of the armed   weapon of war. A systematic practice was developed in the
           forces of states.                                  ongoing armed conflicts in Iraq and Syria, in which since 2014,





                                                                                                             23
   24   25   26   27   28   29   30   31   32   33   34