Environmental-laws-in-middle-east-nations-challenges-and-arrangements

The 21st century is marked by an intensifying climate crisis and escalating global conflicts, two phenomena that are not only interconnected but also mutually reinforcing. Climate change has transitioned from being an environmental challenge to a catalyst for geopolitical instability, with profound implications for international relations and global security.

Prolonged droughts, rising sea levels, and extreme weather events disrupt livelihoods, force mass migrations, and intensify competition for dwindling resources. These factors often ignite or exacerbate conflicts, particularly in regions already grappling with socio-political fragility.  

Conversely, warfare contributes significantly to environmental degradation, undermining ecosystems and accelerating climate change. The environmental consequences of war are vast: deforestation, water contamination, destruction of infrastructure, and the release of pollutants into the atmosphere. For example, the oil fires set during the Gulf War in 1991 released millions of tons of carbon dioxide and other pollutants, creating long-term environmental damage (UNEP, 1991). Similarly, the ongoing conflict in Ukraine has led to industrial site bombings, resulting in hazardous spills and soil contamination that pose significant risks to local and regional ecosystems (UNEP, 2022).  

At this critical juncture, the question arises: Are existing international legal frameworks adequate to address these intertwined crises? International environmental law, while robust in theory, often falters in practice when applied to conflict zones. Treaties such as the Geneva Conventions and the Environmental Modification Convention (ENMOD) aim to mitigate environmental harm during wartime, but their enforcement is often hindered by geopolitical complexities and lack of accountability mechanisms. Moreover, these frameworks were not designed to address the compounded challenges posed by the intersection of climate change and armed conflict.  

This article explores the complex interplay between climate change, war, and international environmental law. By examining case studies and analyzing existing legal mechanisms, it evaluates the effectiveness of current frameworks and identifies critical gaps. The article also proposes reforms to enhance the adaptability and enforcement of international environmental law, aiming to better address the dual crises of climate change and conflict.  

1-Climate Change as a Driver of Conflict 

Climate change acts as a "threat multiplier," exacerbating existing vulnerabilities in fragile states and regions. The Intergovernmental Panel on Climate Change (IPCC) has repeatedly highlighted how rising temperatures and extreme weather events disrupt food and water supplies, heighten competition over resources, and displace millions of people (IPCC, 2021).  

Case Study:

-The Darfur Conflict 

The Darfur conflict in Sudan is often cited as one of the first climate-driven wars. Between 1983 and 2007, desertification and prolonged droughts forced nomadic and farming communities into direct competition for water and arable land. This environmental stress, combined with political and ethnic tensions, culminated in a devastating conflict that displaced millions and claimed hundreds of thousands of lives (UNEP, 2007).  

- Syria  
Syria experienced one of its worst droughts in recorded history between 2006 and 2010, a period linked to climate change (Kelley et al., 2015). The resulting agricultural collapse displaced rural populations, contributing to social unrest and eventually fueling the civil war. The ongoing conflict has devastated Syria's environment, with extensive deforestation, soil degradation, and pollution of water resources.  

Environmental Destruction as a Consequence of War

War not only disrupts human societies but also wreaks havoc on the environment. Military operations destroy ecosystems, pollute air and water, and leave behind long-lasting ecological scars.  

-Case Study: 

-The Gulf War
During the Gulf War, retreating Iraqi forces deliberately set fire to over 600 Kuwaiti oil wells, releasing an estimated 1.5 billion barrels of oil into the environment. The resulting smoke plumes darkened skies for months, contributing to regional air pollution and climate change. The oil spills devastated marine and coastal ecosystems, causing long-term environmental and economic damage (UNEP, 1991).  

-Lebanon
The 2006 and 2024 Lebanon War caused significant environmental destruction,  widespread damage to forests and agricultural lands. The Israeli bombing resulted in the release of chemicals into the Mediterranean area , causing one of the worst environmental disasters in the region's history. The spill polluted over 150 kilometers of coastline, devastating marine ecosystems and harming local fishing industries (UNEP, 2007). The conflict also caused wildfires in Lebanon’s forests, leading to biodiversity loss and human degradation.  

- Palestine
The ongoing conflict in Palestine has resulted in severe environmental consequences, including water scarcity, land degradation, and pollution. The destruction of water infrastructure in Gaza, compounded by over-extraction and contamination of aquifers, has left much of the population without access to clean water. Military operations have also caused extensive damage to agricultural lands, reducing food security and exacerbating economic hardships. (UNEP, 2015).  

- Ukraine
The ongoing conflict in Ukraine highlights the environmental costs of modern warfare. Industrial site bombings have led to toxic chemical spills, contaminating water supplies and agricultural lands. Explosions near nuclear facilities have raised fears of radioactive contamination, posing a severe threat to both human health and the environment (UNEP, 2022).  

2-International Environmental Law: Strengths and Limitations  

-Key Legal Instruments 
1. Geneva Conventions (1977 Additional Protocol I): Prohibits methods of warfare that cause widespread, long-term, and severe environmental damage.  
2. Environmental Modification Convention (ENMOD, 1977): Bans the use of environmental modification techniques as weapons of war.  
3. United Nations Framework Convention on Climate Change (UNFCCC): Focuses on climate mitigation and adaptation but does not address the intersection with armed conflict.  

-Challenges in Enforcement 
- Weak enforcement mechanisms in conflict zones.  
- Limited jurisdiction of international courts over non-state actors.  
- Inadequate provisions to address cumulative and indirect environmental impacts.  

3-Proposals for Reform 

1. Expanding Legal Protections
- Incorporate climate-specific provisions into existing treaties like the Geneva Conventions.  
- Establish a new international treaty addressing the intersection of climate change and armed conflict.  

2. Strengthening Accountability
- Expand the jurisdiction of the International Criminal Court (ICC) to include ecocide as a prosecutable crime.  
- Develop mechanisms to hold both state and non-state actors accountable for environmental harm during conflict.  

3. Promoting Environmental Peacebuilding
- Encourage cooperative initiatives to address shared environmental challenges, such as transboundary water management.  
- Example: The Nile Basin Initiative demonstrates how shared resource management can foster regional cooperation and reduce tensions.  

Conclusion

The interplay between climate change and war presents one of the most pressing challenges of our time, with profound implications for global security, human livelihoods, and environmental sustainability. While international environmental law provides a foundation for addressing these issues, its current frameworks are ill-equipped to handle the compounded crises of the modern era. Strengthening these frameworks, enhancing enforcement mechanisms, and fostering collaboration between environmental and peacebuilding initiatives are essential steps toward safeguarding our shared future.  

In this critical moment, the international community must act decisively to bridge the gap between environmental protection and conflict resolution. Only through integrated and adaptive approaches can we address the dual crises of climate change and war, ensuring a sustainable and peaceful world for generations to come.  

References 

1. Intergovernmental Panel on Climate Change (IPCC). (2021). Sixth Assessment Report: Climate Change 2021.  
2. United Nations Environment Programme (UNEP). (2007). Sudan: Post-Conflict Environmental Assessment.  
3. Kelley, C. P., et al. (2015). Climate Change in the Fertile Crescent and Implications of the Recent Syrian Drought. Proceedings of the National Academy of Sciences.  
4. United Nations Environment Programme (UNEP). (1991). Environmental Consequences of the Gulf War.  
5. United Nations Environment Programme (UNEP). (2015). Environmental Assessment of Gaza 2014.  
6. United Nations Environment Programme (UNEP). (2022). Environmental Impact of the Ukraine Conflict.  

Edited by: Muhammad Abdullahi Ibrahim

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