Protection of the Environment during Armed Conflict: A Comparative Study of International Humanitarian Law and Islamic Law

Abstract

Both Islamic law and International Humanitarian Law (IHL) emphasize the protection of civilian life and the preservation of the environment during armed conflict. IHL includes specific provisions to safeguard essential environmental resources, such as Protocol I, which aims to prevent long term environmental damage during war. The International Criminal Court, established in 1998, classifies severe environmental destruction as a war crime and a violation of the principle of proportionality. Damage to farmland, forests, and clean water sources is punishable under international law. Islamic teachings also strictly prohibit harm to the environment. The Qur’an commands restraint in warfare and condemns corruption that destroys crops and livestock (Al-Baqarah 2:190, 2:205). Prophetic traditions (Hadith) forbid the needless destruction of trees, buildings, and animals. An exception during the Battle of Khyber where some date palms were cut down was allowed only due to military necessity and within the limits of proportionality (Al-Hashr 59:5). This paper offers a comparative analysis of IHL and Islamic law to emphasize the importance of environmental protection during war. It also highlights the Islamic ethical framework that promotes responsible use of natural resources, even in times of conflict.

Keywords: International Humanitarian Law, Islamic Law, Environmental Protection, War Crime, Protection of Natural Resources