The Principle of Proportionality; Synthesis of Segregation Principles and Military Necessity in Protecting the Environment in International Armed Conflicts

The increased importance of the environment over the past years and its incorporation among the third-generation human rights justify the considerable need to protect it during armed conflicts. Obviously, such conflicts can cause irreparable damage to the environment, occurring either as intentional destruction based on Military Necessity and non-distinction, or as non-intentional destruction resulting from the collateral damage of military attacks. The main research question is: “What is the position of the Principle of Proportionality in environmental protection in connection with the Distinction and Military Necessity principles?” Using a descriptive-analytical approach, this paper sought to assess the relationship of IHL’s three principles of Distinction, Military Necessity and Proportionality with environmental destruction during armed conflicts. It concluded that when the Distinction and Military Necessity principles intersect, a third principle called “synthesis” comes in, seeking to reduce the damage of military operation. Violation of this principle is one of the conditions for committing the war crime of environmental destruction, i.e. the Principle of Proportionality. Since the Distinction and Military Necessity principles can be in conflict with each other during environmental attacks, resulting in the conquest of the Principle of Military Necessity, the presence of the Principle of Proportionality can balance this conflict.