چکیده:
The phenomenon of the plundering of natural resources in armed conflicts is considered one of the serious current threats to the environment and a danger to peace and security within countries and in the international arena. There has long been a close dependency and connection between natural resources and armed conflicts. This bidirectional relationship has resulted in irreparable damage to natural resources during conflicts, as well as putting human lives at risk. This paper, using a descriptive-analytical approach, aims to outline a desirable perspective in explaining the conceptual scope of the phenomenon of plunder and, by evaluating international law regulations in this area, seeks to find an appropriate model to minimize the damages caused by this phenomenon. In this regard, recent efforts by the International Law Convention to address the issue of plunder in the draft provisions for the protection of the environment in armed conflicts in 2022 are also considered and examined. An analysis of existing rules confirms the reality that, despite the abundance of international regulations in this area, these rules appear to be insufficient in practice and have not provided the necessary legal mechanisms to effectively combat this phenomenon.
خلاصه ماشینی:
com Article Information Abstract The long-standing phenomenon of the plunder of natural resources in armed conflicts is considered one of the serious current threats to the environment and a threat to peace and security in both the domestic arena of countries and the international sphere.
In this regard, recent efforts of the International Law Convention in addressing the issue of plunder in the draft articles on the protection of the environment during armed conflicts in 2022 were also considered and examined.
. (A_RES_1803(XVII), 1962: 2) (A_RES_1314(XIII), 1958:27) The issue of plundering natural resources is not a new phenomenon in discussions related to armed conflicts and has existed to some extent since the occurrence of disputes and conflicts between countries, but its criminalization only dates back to the nineteenth century and after the codification of international humanitarian law.
Among the most important, relevant, and recent of these works are the 2009 reports of the United Nations Environment Programme (UNEP) on “The Connection Between Natural Resources and the Outbreak of Conflicts,” which formed the basis for accurate information and reports by the Special Rapporteurs of the International Law Commission on the plunder of natural resources and the drafting of related regulations.
Carsten Stahn 3 and colleagues (2017) in their book Protecting the Environment and Transitioning from Conflict to Peace, referring to the draft articles of the International Law Commission on protecting the environment, also addressed the issue of protecting the environment against plunder and examined the gaps and challenges in the way of protecting the environment and natural resources.
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