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Reflections on the legality of attacks against the natural environment by way of reprisals
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1868-1581
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Goettingen journal of international law, 2020, Vol. 10, No. 1, pp. 47-66
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PANTAZOPOULOS, Stavros-Evdokimos, Reflections on the legality of attacks against the natural environment by way of reprisals, Goettingen journal of international law, 2020, Vol. 10, No. 1, pp. 47-66 - https://hdl.handle.net/1814/68075
Abstract
The paper examines the concept of belligerent reprisals and assesses the legality of attacking the environment by way of reprisals. The law of belligerent reprisals, which is linked to the principle of reciprocity, allows one belligerent State unlawfully injured by another to react by means of what under normal circumstances would constitute a violation of the jus in bello, so as to induce the violating State to comply with the law. The instances of lawful recourse to reprisals have been considerably limited, since their application is either explicitly prohibited against certain protected persons and objects, including against the natural environment, or is subject to stringent conditions according to customary International Humanitarian Law (IHL).
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First published online: August 2020