Abstract:
Animals have played an important role in armed conflicts since ancient times. Transporting supplies, soldiers and military and medical equipment, searching for wounded soldiers, damaging enemy positions, especially by detonating bombs attached to animals or their carcasses, are among the most important forms of using animals in conflict. Considering the increase in the use of animals, especially dolphins, by states to achieve military objectives in armed conflicts, it is necessary to know the standards and support frameworks regarding them. Therefore, this article, based on a descriptive-analytical method, answers the question, what approach has international humanitarian law adopted in this regard? This article concludes that due to the lack of specific rules in international humanitarian law on the ban on the use of animals as military purposes, it must be referred to the general humanitarian rules especially the articles of the first additional protocol to the Geneva conventions of 1949 to explain the legal system of the subject. By considering animals as a part of the environment and placing them in the category of special and protected objects under Article 54 of the said protocol, A support system can be considered for them. Of course, due to the special situation of animals compared to the human, the implementation of the principles of humanitarian rights, such as separation, proportionality, precautions in attack is faced with complications and ambiguities.
Machine summary:
This article concludes that due to the lack of specific and special rules in humanitarian international law regarding the prohibition of using animals as military targets, it is necessary to resort to the general principles of humanitarian rules, especially the materials of Protocol I annexed to the Four Geneva Conventions of 1949, to explain the legal system governing the subject.
Most recently, Russia has used trained dolphins in the war with Ukraine to defend and protect its military bases and facilities in the Black Sea. Despite the historical participation of animals in conflicts and the effects of this participation on the lives and health of animals, humanitarian international law has not yet made a precise and clear reference to this type of conflict victims and has not considered specific legal rights and status for them.
In general, it can be said that according to these two provisions, animals are indirectly protected by international humanitarian law, and if they are considered as objects and essential property for the survival of civilians, they are not considered legitimate military targets and should not be attacked.
If animals used for medical purposes are used outside of their applications and in some way lose the description of “medical personnel” and, on the other hand, are exploited to achieve military objectives, they will not only be deprived of the special protections of international humanitarian law under the conditions stipulated in Article 22 of the First Geneva Convention and Article 13 of Protocol I Additional, but may even be turned into a legitimate military target and directly attacked by the enemy, and even killed.
(
, 
, 
)
