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military capacity of the other party. Today, however, in more and more cases the use of force
does not have conquest of territory as an objective but rather seeks to affect decision-making
process of the opponent. In these types of conflicts also called “compellance” operations, the
party which launches the operations will try to put at risk what the decision makers value the
most.5 In many of these operations, armed forces are not the exclusive target, but also economic
interests such as factories or industrial complexes, which in turn increases the probability of
dangerous chemicals being released, further threatening the enjoyment of human rights.
7.
Release of toxic and dangerous products during the conduct of hostilities can be either
voluntary or incidental. The aforementioned factors increase the risk that an attack on industrial
sites will result in the release of chemicals, even if that was not the objective of the party which
launched the attack. However, industrialization and therefore increased availability of dangerous
and toxic products, has led to their intentional use in the conduct of hostilities. Although these
products are for non-hostile purposes, their release into the environment is intended to provide a
military advantage.
8.
Amongst toxic and dangerous products, oil is one product which has been released in great
quantities during armed conflicts. Its importance in modern warfare makes oil stocks the object
of attacks and its prevalence in a region affected by a large number of conflicts, namely the
Middle East, has increased the targeting of oil facilities during conflicts, with far-reaching
environmental consequences. During the 1991 Gulf war, Iraqi forces discharged millions of
barrels of crude oil6 into the waters of the Persian Gulf in what is believed to have been an
attempt to thwart a possible amphibious assault on the Iraqi coast. Marine environments can be
affected not only as a result of a voluntary discharge, but also as an incidental effect of an attack,
for example, the targeting of oil stocks or power stations located near the coast.
9.
Oil discharged in a marine environment can have severe consequences for the economy
and the health of the surrounding population. Indeed, people’s health could be adversely
affected, notably through inhalation of or contact with oils, but also indirectly when eating
contaminated seafood. Concentrations of petroleum contaminants in fish and crab tissue, as well
as contamination of shellfish could have potentially significant adverse effects on health.7
5
Michael Schmitt, The Law of Armed Conflict: Problems and Prospects (conference held at
Chatham House, 18-19 April 2005). Transcript available at:
http://www.chathamhouse.org.uk/pdf/research/il/ILParmedconflict.pdf.
6
This oil spill is considered by many as the largest in history. After initial estimates
of 11 million barrels, most studies estimate the total spill to be between 2.5 and 4 million barrels.
William M. Arkin, Damian Durrant and Marianne Cherni, On Impact: Modern Warfare and the
Environment A Case Study of the Gulf War (Greenpeace, 1991) p. 63.
7
UNEP, Effects of marine oil pollution on economy and human health, Global marine
information gateway http://oils.gpa.unep.org/facts/economy-health.htm#socioeconomic.
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