This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.
Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a civil remedy. Part II grapples with when the criminal remedy is warranted. Part III deals with the substantive aspects of international criminal prosecution. Part IV reviews procedural issues pertaining to international criminal prosecution. Part V examines the criminal remedy before interested national judicial bodies, the Kuwaiti and the Iraqi legal systems.
Meshari K. Eifan, Head of State Criminal Responsibility for Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991 (Fall 2007) (S.J.D. dissertation, Pace University School of Law), available at http://digitalcommons.pace.edu/lawdissertations/2/.