무력충돌 시 에너지자원의 보호에 관한 국제법적 고찰 (The Protection of Energy Resources during Armed Conflict from the Perspective of Public International Law)

서지정보

· 발행기관 : 한양대학교 법학연구소
· 수록지 정보 : 법학논총 / 31권 / 4호 / 23 ~ 40페이지
· 저자명 : 이진규

초록

As appears from recent events, damage to energy resources during armedconflicts is a common practice. It even seems unavoidable since energy resourcesoften are primary targets during war because of the devastating effect on theenemy when they are destroyed. Nevertheless, attacks on energy resources shouldbe limited because they can cause major damage both to the environment and tothe civilian population.
It, however, is obvious that the current regime for the protection of energyresources during armed conflicts is not sufficient at all, although it deserves moreattention due to their possible devastating effect on men and environment. Theprotection is very limited and derogation is easily obtained. The solution has to befound in the law of war rather than in environmental law. Most of the time, a newinterpretation or extension of already existing obligations is sufficient or will be agood beginning.
First of all, more importance needs to be attributed to the principles ofproportionality and unnecessary suffering instead of attributing a primary decisivecharacter to the principle of military necessity. One has to determine in a moredetailed manner what the exact content and impact of these principles is.
Secondly, in relation to art.56 of ‘Protocol Additional to the Geneva Conventionsof 12 August 1949, and relating to the Protection of Victims of International ArmedConflicts (Protocol I)’, the standard should be raised, for instance by requiring thatimmunity is only lifted when the energy resource is mainly used for militarypurposes, the destruction of the resource is limited to the strict minimum, damageto the environment and civilisation is prevented as far as possible and destruction of energy resources can only be used as a last resort.

영어초록

As appears from recent events, damage to energy resources during armedconflicts is a common practice. It even seems unavoidable since energy resourcesoften are primary targets during war because of the devastating effect on theenemy when they are destroyed. Nevertheless, attacks on energy resources shouldbe limited because they can cause major damage both to the environment and tothe civilian population.
It, however, is obvious that the current regime for the protection of energyresources during armed conflicts is not sufficient at all, although it deserves moreattention due to their possible devastating effect on men and environment. Theprotection is very limited and derogation is easily obtained. The solution has to befound in the law of war rather than in environmental law. Most of the time, a newinterpretation or extension of already existing obligations is sufficient or will be agood beginning.
First of all, more importance needs to be attributed to the principles ofproportionality and unnecessary suffering instead of attributing a primary decisivecharacter to the principle of military necessity. One has to determine in a moredetailed manner what the exact content and impact of these principles is.
Secondly, in relation to art.56 of ‘Protocol Additional to the Geneva Conventionsof 12 August 1949, and relating to the Protection of Victims of International ArmedConflicts (Protocol I)’, the standard should be raised, for instance by requiring thatimmunity is only lifted when the energy resource is mainly used for militarypurposes, the destruction of the resource is limited to the strict minimum, damageto the environment and civilisation is prevented as far as possible and destruction of energy resources can only be used as a last resort.

참고자료

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