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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Unifikasi : Jurnal Ilmu Hukum
Romdoni, Rafi Nasrulloh Muhammad
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Legal Responsibility for Environmental Damage Caused by Russian and Ukrainan Wars: International Humanitarian and Criminal Law Perspectives Romdoni, Rafi Nasrulloh Muhammad
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.751

Abstract

Not only inflicted human casualities, the war between Russia and Ukraine, also injured the environment. Russia's discriminating attacks on essential objects such as gas, energy, oil, and mining infrastructure become the most significant root cause. UNEP affirmed that the attacks resulted in widespread water, soil, and air pollution, as well as a significant deterioration in Ukraine's ecosystem stability. Accordingly, the study intends to examine the framework of international humanitarian and criminal law, specifically in terms of environmental protection, as well as to analyse accountability before the International Criminal Court. The study employed a doctrinal method involving a statutory and conceptual approach. In this case, relevant legal instruments such as the 1949 Geneva Conventions and their Additional Protocols, as well as the Rome Statute, were being examined. Furthermore, the study is also certified by the evolution of legal doctrines in books, journals, and other credible sources. According to the findings, humanitarian law, which is underpinned by customary international law, protects the environment slightly better than international criminal law. In short, the state bears multiple duties for environmental damage caused by the outbreak of war. Individual accountability before the ICC, on the other hand, is being overlooked. It is due to the Rome Statute's flaws, which include vagueness in the formulation of the articles, stringent standards for proof of environmental damage, and bias in proving mens rea. As a result, improvements in the enforcement of international crimes (war crimes and related types) that cause environmental damage are urgently required.
The Ship Must Cast Off: Indonesia’s Perspective And Contribution On The New Biodiversity Agreement Romdoni, Rafi Nasrulloh Muhammad
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

“The ship has reached the shore” was Rena Lee’s remarkable statement as it symbolized the adoption of the new agreement on biodiversity beyond national jurisdiction (BBNJ Agreement) in the first quarter of 2023. Immediate action to deal with biodiversity loss while at the same time synchronizing States’ interests (developed v. developing) regarding certain activities in area beyond national jurisdiction (ABNJ) were the tough challenges during the process. Indonesia has been participating actively in the development of international law of the sea, including the BBNJ Agreement. By using normative legal research, this article explores the perspective and contribution of Indonesia on the protection of biodiversity in ABNJ, as well as the next steps the Government of Indonesia (GoI) should take. The result shows that Indonesia has always been a persistent contributor to the law of the sea, including the BBNJ Agreement. Also, Indonesia must commence some preparations such as synchronizing national laws, strengthening cooperation and finally ratify the Agreement.
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