{"title":"非国际敌对行动中的武装冲突法:非洲野生动物保护的军事化","authors":"G. Mogomotsi, P. K. Mogomotsi","doi":"10.1080/13880292.2021.2059239","DOIUrl":null,"url":null,"abstract":"Abstract This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Law of Armed Conflict in Non-International Hostilities: The Militarisation of Wildlife Conservation in Africa\",\"authors\":\"G. Mogomotsi, P. K. Mogomotsi\",\"doi\":\"10.1080/13880292.2021.2059239\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.\",\"PeriodicalId\":52446,\"journal\":{\"name\":\"Journal of International Wildlife Law and Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-10-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Wildlife Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/13880292.2021.2059239\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Wildlife Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/13880292.2021.2059239","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Law of Armed Conflict in Non-International Hostilities: The Militarisation of Wildlife Conservation in Africa
Abstract This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.
期刊介绍:
Drawing upon the findings from island biogeography studies, Norman Myers estimates that we are losing between 50-200 species per day, a rate 120,000 times greater than the background rate during prehistoric times. Worse still, the rate is accelerating rapidly. By the year 2000, we may have lost over one million species, counting back from three centuries ago when this trend began. By the middle of the next century, as many as one half of all species may face extinction. Moreover, our rapid destruction of critical ecosystems, such as tropical coral reefs, wetlands, estuaries, and rainforests may seriously impair species" regeneration, a process that has taken several million years after mass extinctions in the past.