Magister Legum - LLM / This mini-thesis analyses the international legal framework governing the protection of the natural environment during armed conflicts. It critically examines the normative rules in international humanitarian law and international environmental law in respect of environmental damage during armed conflicts and it highlights the strengths and shortcomings of international law in this regard. Furthermore, this thesis investigates how the regulatory structures of the African Union (AU) address the problem of environmental damage during armed conflict. It draws on the aforementioned analyses to determine how regional law in Africa differs from the international regime and in what ways the regional framework may serve to complement the international legal regime in order to strengthen the protection of the environment during armed conflict on the continent.

Magister Legum - LLM / The International Committee of the Red Cross/Crescent (ICRC) has been the only agency promoting the observance of the law of armed conflict. It has invested considerably in finding solutions to protecting people and regulates the means and methods of warfare. Throughout the development of the law of armed conflict, the protection of the environment was never the centre of focus. From the early 1868 Declaration of Saint Petersburg to the Hague Regulations of 1907, attention was given to weakening the military forces of the enemy and the right of the belligerents not to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war. Through AP I, the basic principle of IHL was reaffirmed. The concepts of military necessity and proportionality became clearer, permitting only those acts of war which are proportional to the lawful objective of a military operation. Considering the cruelty experienced through the crises that occurred in the RC, it is therefore imperative for the administration to enforce their observation. In the light of the above background the aims of this research paper are to seek to explore the challenges that the current RC administration is facing in implementing IHL and IEL principles. In addition, the research paper will analyse the possibilities to promote the implementation of IHL and IEL instruments within the public domain, mostly the army, to dissipate any ignorance that occur. The International Court of Justice (ICJ) has also made it clear that an obligation rests upon states to take environmental considerations into account during armed conflict in so far as these relate to states’ military objectives

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This study investigates the legal and ethical challenges posed by cyber warfare in the ongoing Russian-Ukraine war. Cyber warfare represents a transition from traditional conflict dynamics, impacting civilian populations and national security without direct physical confrontations. The significance of this research is the inadequacy of current legal norms that govern the rapidly evolving techniques of cyber-attacks which challenge established norms of International Humanitarian Law. Hence, the research question explores how cyber warfare challenges existing legal and ethical norms for civilian protection, and what the broader implications are for the regulation of modern conflicts. Through a qualitative case study approach, the thesis analyses three cases of Russian cyber-attacks on Ukrainian civilian infrastructure: the 2015 attack on the Ukrainian power grid, the 2023 cyber-attack on Kyivstar, and the 2022 Asylum Ambuscade. In the simplified legal framework by Hoffman and Rumsey, these cases were analysed using the Tallinn Manual, and Mary Kaldor’s New Wars theory to highlight the challenges and violations of IHL. The findings conclude that the IHL framework is insufficient for the unique challenges of cyber warfare. Moreover, the study addresses for the revaluation and updating of international legal norms to keep up with the constant development of cyber warfare. In all, this thesis showcases the need for enhanced legal standards that can safeguard civilian populations and maintain international security, contributing to the fields of international law and conflict resolution.

Two international treaty frameworks - Amended Protocol II (APII) to the Convention on Certain Conventional Weapons and the Anti-Personnel Mine Ban Convention (APMBC) - have been developed to prohibit or restrict the use of landmines. However, reflecting a gap in current academic research, there is a lack of knowledge of their effectiveness in supporting the humanitarian goals that underpin both treaties. In order to address gaps in the existing literature, this thesis applies an analytical framework grounded in regime theory to develop new insights into the design, implementation and effectiveness of APII and the APMBC within the broader framework of international humanitarian law (IHL). Two main hypotheses are explored. The first considers the importance for regime effectiveness of the relationship between design and implementation processes. The second analyses the significance for the landmine regimes of regime interplay and nesting within wider IHL and mine action discourses. In addressing these hypotheses, design/implementation interplay, agency dynamics and normative considerations represent key themes that enable us to develop new insights to a specific issue area that also demonstrates important linkages to wider humanitarian, security and developmental agendas.

Two international treaty frameworks ¿ Amended Protocol II (APII) to the Convention on Certain Conventional Weapons and the Anti-Personnel Mine Ban Convention (APMBC) ¿ have been developed to prohibit or restrict the use of landmines. However, reflecting a gap in current academic research, there is a lack of knowledge of their effectiveness in supporting the humanitarian goals that underpin both treaties. In order to address gaps in the existing literature, this thesis applies an analytical framework grounded in regime theory to develop new insights into the design, implementation and effectiveness of APII and the APMBC within the broader framework of international humanitarian law (IHL). Two main hypotheses are explored. The first considers the importance for regime effectiveness of the relationship between design and implementation processes. The second analyses the significance for the landmine regimes of regime interplay and nesting within wider IHL and mine action discourses. In addressing these hypotheses, design/implementation interplay, agency dynamics and normative considerations represent key themes that enable us to develop new insights to a specific issue area that also demonstrates important linkages to wider humanitarian, security and developmental agendas.