Attack on sources of water as a war crime: analysis in the framework of the International Criminal Court
The article proposed brings an analysis of water as a human right, under the perspective of international criminal law, considering the existence of cases in which systematic attacks to water sources are utilized as a strategy of war in armed conflicts. Once the aquifers are contaminated, the popula...
| Autores: | , , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Brasil |
| Institución: | Universidade do Oeste de Santa Catarina (UNOESC) |
| Repositorio: | Revista Espaço Jurídico/Espaço Jurídico Journal of Law |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.unoesc.edu.br:article/27216 |
| Acceso en línea: | https://periodicos.unoesc.edu.br/espacojuridico/article/view/27216 |
| Access Level: | acceso abierto |
| Palabra clave: | Tribunal Penal Internacional crimes ambientais água crimes de guerra International Criminal Court environmental crimes water war crimes |
| Sumario: | The article proposed brings an analysis of water as a human right, under the perspective of international criminal law, considering the existence of cases in which systematic attacks to water sources are utilized as a strategy of war in armed conflicts. Once the aquifers are contaminated, the population of the region stays vulnerable, causing a large humanitarian problem. Therefore, the research seeks to evaluate if the attacks on water sources during armed conflicts can be considered a war crime, under the requirements established by the Roma Statute. For that, it is made a case study of Darfur, in Sudan, a case judged by the International Criminal Court (ICC), where evidences where found of water tanks and plumps being intentionally contaminated by the government, as demanded by the ex-president Omar Al Bashir, to combat attacks of rebel troops. It is also made a study about the Rome Statute, and its definition of war crimes, as a way to determine if the attacks to the environment are within the scope of the Statute. The methodology utilized is a qualitative research, made by a bibliographical study, with the analysis of scientific articles and books, besides documents and international treaties. Likewise, it is made a case study about the case of the Prosecution v. Omar Al Bashir, in a way to conclude that, even though the ICC is able to judge this type of crime, this does not occur effectible. |
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