Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia

Research Article

State Responsibility for the Use of Chemical Weapons during War From Environmental Law and Humanitarian Law (Case Study on the Use of Chemical Weapons in the Nagorno-Karabakh War in 2020)

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2342433,
        author={Muhammad Iqbal Baiquni},
        title={State Responsibility for the Use of Chemical Weapons during War From Environmental Law and Humanitarian Law (Case Study on the Use of Chemical Weapons in the Nagorno-Karabakh War in 2020) },
        proceedings={Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2023},
        month={12},
        keywords={chemical weapons humanitarian law international environmental law state responsibility},
        doi={10.4108/eai.27-7-2022.2342433}
    }
    
  • Muhammad Iqbal Baiquni
    Year: 2023
    State Responsibility for the Use of Chemical Weapons during War From Environmental Law and Humanitarian Law (Case Study on the Use of Chemical Weapons in the Nagorno-Karabakh War in 2020)
    ICILS
    EAI
    DOI: 10.4108/eai.27-7-2022.2342433
Muhammad Iqbal Baiquni1,*
  • 1: Universitas Negeri Semarang
*Contact email: m.iqbalbaiquni@gmail.com

Abstract

The historical evolution of chemical warfare traces back to ancient times when swords and bows were the primary tools of conflict. In the 21st century, the Nagorno-Karabakh war between Azerbaijan and Armenia marked a contemporary instance of chemical weapons use in warfare. This study explores the diverse nature of chemical weapons' utilization and emphasizes their detrimental impact on both human populations and the environment. The regulatory framework governing the use of chemical weapons is rooted in international agreements such as the 1907 Hague Convention and the 1976 Geneva Convention. The responsibility for the consequences of war, encompassing both humanitarian and environmental ramifications, is typically assigned to the defeated party, providing a mechanism for waiving such accountability. Utilizing a normative legal research approach with a sculptural perspective, this study delves into humanitarian law and international environmental law. The findings reveal indications of violations during the 2020 Nagorno-Karabakh War concerning international agreements within these legal frameworks. These breaches resulted in significant damage to the Nagorno-Karabakh region, necessitating both sides to confront the repercussions of their actions as part of their shared responsibility. The study underscores the importance of upholding international norms to mitigate the impact of armed conflicts on both human well-being and the environment.