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The Principle of Ambituity and the Prohibition against Excessive Collateral Damage to the Environment during Armed Conflict

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Chapter Summary

In light of the possible future work by the international law commission (ILC), this chapter seeks to clarify the legal basis of the protection of the environment during armed conflict in general, and of the prohibition against excessive collateral damage to the environment in particular. It discusses the mutual relationship between the specific conventional and customary rules relating to the protection of the environment during armed conflict and the general or fundamental principles of the law of armed conflict. The chapter discusses the legal basis for and scope of the prohibition against excessive collateral damage to the environment during armed conflict. It concludes with a brief summary, conclusion and suggestions for consideration by the ILC. Although the consequences of warfare have proven to be disastrous, attention on the relevant rules protecting the environment during armed conflict has been relatively modest.

Keywords: armed conflict; customary rules; international law commission (ILC); warfare

10.1163/9789004270657_005
/content/books/b9789004270657s005
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