Prosecution of Environmental Crimes Occurring in Armed Conflicts in Africa

Abstract

Environmental protection has been a contemporary topic in international law in the backdrop of devastating climate change. Efforts on environmental protection and conservation is through environmental justice. International law has traditionally accorded liability to parties for breach of obligations, requiring them to indemnify the offended state. However, there have been no criminalization and prosecution of crimes perpetrated despite their severe impact on the environment that are beyond the limits imposed by International Environmental Law. International Criminal Law focuses on effects of crimes perpetrated on human population. The developments in the jurisprudence indicate the need and benefits to however hold individuals and companies criminally liable for crimes whose impact severely damage the environment and violate human rights. This research considers environmental harms occurring during armed conflicts in Africa, appreciating the multiple facets of the issues in armed conflict in Africa. It discusses a number of environmental damages that occur during armed conflicts. In determining the possibility of prosecution of such crimes, the research examines the nexus between environmental and criminal law in the international sphere. It also considers the vastness and the delicate natural resources and the role of states in Africa and the efforts in enduring development and growth, protecting development and balancing generational equity. The first chapter gives a background of armed conflicts and in Arica and justification for the paper. It extensively covers related literature review touching on the subject. Chapter two critically examines the nature of armed conflicts, consequent environmental crimes and their impact on the environment. Chapter three compares international criminal law being governing law on prosecution of crimes under customary litigation used in transnational environmental law. Chapter four discusses liability in civil claims as compared to individual/state liability in criminal offences. Chapter five concludes by analyzing the research and making recommendations.