Environmental Obligations in Armed Conflict: Israel’s Responsibilities under Human Rights Law and the Paris Agreement

Environmental Obligations in Armed Conflict: Israel’s Responsibilities under Human Rights Law and the Paris Agreement

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Volume 17 Issue 3 ()

This paper examines the environmental degradation and humanitarian crisis in Gaza resulting from Israel’s military actions during its conflict with Hamas. The key issue is the extensive destruction of critical infrastructure, which has caused severe ecological damage, worsened public health risks, and deprived the population of essential services. These actions have not only contributed to widespread suffering but also constitute violations of international legal frameworks, including International Humanitarian Law (‘IHL’), International Human Rights Law (‘IHRL’), and the Paris Agreement. The legal problem arises from Israel’s status as an occupying power, which imposes specific responsibilities under the Hague Regulations and the Fourth Geneva Convention to protect the civilian population and their environment. Under IHL, Israel is required to ensure the safety and welfare of the population in the occupied territory, while under IHRL, it is obligated to uphold fundamental human rights, including the rights to life, health, and self-determination. However, Israel has failed to meet these obligations, particularly regarding environmental protection and public welfare. Additionally, Israel’s disregard for its commitments under the Paris Agreement has exacerbated the region’s climate vulnerability, further undermining global environmental goals. This paper analyses these legal violations, highlighting how Israel’s actions contravene its duties as an occupying power and breach international obligations. It explores these violations, emphasising the need for accountability. Ultimately, the paper calls for holding Israel responsible for its actions to ensure compliance with international obligations and to address the environmental destruction and human rights violations inflicted on the Palestinian population.

Cite as: Anay Mehrotra, Environmental Obligations in Armed Conflict: Israel’s Responsibilities under Human Rights Law and the Paris Agreement, 17 NUJS L. Rev. 1 (2024)