• Gede Khrisna Kharismawan Faculty of Law, Gadjah Mada University
  • I Made Budi Arsika Faculty of Law, Udayana University



Collateral Damage; Environment Protection; Armed Conflict; Deep Ecology


International humanitarian law that applies in armed conflict tends to prioritize human interests. The emergence of deep ecology manifests as a critique of the anthropocentrism of war which harms the natural environment. This development implies the need for environmental protection and emphasizes responsibility for environmental damage resulting from armed conflict. This article discusses international legal frameworks that offer protection to the environment in times of armed conflict and presents an analysis of legal protection from a deep ecology perspective. This paper is a normative legal research that applies statutory, case, and conceptual approaches. The study's results suggested that several international treaties have adopted international customs in regulating the protection of the environment during armed conflict and forms of responsibility in case a violation occurs. However, those international legal instruments have yet to be optimal in protecting the environment regarding damage standards, coverage of environmental conditions, and the implementation of responsibility for violations.



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Jurnal dan Publikasi:

Adam Roberts, Transformative Military Occupation: Applying the Laws of War and Human Rights, American Journal of International Law, Vol. 100, No. 3, 2006

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Julian Wyatt, Law-Making at the Intersection of International Environmental, Humanitarian and Criminal Law: The Issue of Damage to the Environment in International Armed Conflict, International Review of the Red Cross, Vol. 92, No. 879, 2010

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Michael P. Nelson, Deep Ecology, Encyclopedia of Environmental Ethics and Phiosophy, 2008

Muhammad Ryan Dwi Saputra, The Use of Methods or Means of Warfare Which Caused Damage to the Natural Environment Based on the International Humanitarian Law, Padjadjaran Journal of International Law, Vol. 4, No.2, 2020

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Instrumen Hukum Internasional:

Convention on the Prohibition of Military or Any Other Hostie Use of Environemntal Modification Techniques, 10 Desember, 1976

Declaration of the United Nations Conference on the Human Environment, 16 June, 1972Hague Convention IV Respecting the Laws and Customs of War on Land, 1907

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Putusan Pengadilan:

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Lake Lanoux Arbitration (France v. Spain), 1957

Trail Smelter Case (United States v. Canada), 1941


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