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PROTECTION OF WATER DURING ARMED CONFLICTS

This post is authored by Vandana Ragwani , a second year B.A. LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab

PROTECTION OF WATER DURING ARMED CONFLICTS

Water, a life-giving and bounteous gift of nature, is also a source of fear, risk and danger, of covetousness and conflict.Apart from the consequences of natural disasters, when water may be either threatening or threatened, certain human activities also harm the environment and impair the population's means of survival, of which water is the most essential. Access to water is becoming a significant factor in the outbreak of armed conflicts. When water reserves are contaminated, damaged or destroyed, the results can be disastrous – thirst, dehydration and disease add to the misery of war and can lead to starvation and displacement of the civilian population.

Attacks against civilian objects and, in particular, against objects that are indispensable for the survival of the civilian population are war crimes.Though hostilities of war affect access to water, International Humanitarian Law does not contain any specific rules regarding the stated resource.Therefore, it becomes pertinent to apply certain rules of humanitarian law, containing specific prohibitions, to protect water resources during armed conflicts. There are four basic prohibitions under which the concerning issue can be addressed.Firstly, the prohibition on the use of poison- Article 23(a) of the Hague Regulations forbidsto“employ poison or poisoned weapons".Secondly,the prohibition on the destruction of enemy property- Article 23(g) of the Hague Regulations prohibits "to destroy or seize the enemy's property, unless such destruction or seizure is imperatively demanded by the necessities of war". Thirdly,the prohibition on the destruction of objects indispensable to the survivalof the civilian population- the 1977 Additional Protocol to the Geneva Conventionsprohibits the destruction of objects like “foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies, and irrigation works”.Lastly, the prohibition on attacks on works and installations containing dangerous forces- the 1977 protocol also imposes a prohibition on attacking installations like dams, dykes, and nuclear electrical generating stations.

The unprecedented water crisis in the Gaza strip in Palestine is an example to stress upon the severity of the issue. Recently, the UNHRC at the 48th session of the UN said that the water in Gaza is “undrinkable” and is “slowly poisoning people”. The 9-year long water crisis has been aggravated due to Israeli blockades, which are preventing supplies and equipment from reaching the region. Reduction in humanitarian funding, and frequent Israeli attacks on Palestinian infrastructure have also played a role in exasperating the crisis.

Sometimes, during the times of conflict, thirst can prove to be more deadly than weapons. There are certain remedial actions that can be taken, to aid the needy, like distribution of water, purification of drinking water, reparation of the water reserves, etc. One such example is the 1990/91 Gulf War, where the ICRC supplied water, food and medicines to tens of thousands of foreign nationals who had fled Iraq and Kuwait.



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