Attack on sources of water as a war crime: analysis in the framework of the International Criminal Court

• Autor(a) principal: Silva, José Irivaldo Alves Oliveira
• Data de Publicação: 2022
• Outros Autores: Caldas, Beatriz Nogueira, Magalhães, Sara Alves
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• DOI: 10.18593/ejjl.27216
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/27216
• topic: Tribunal Penal Internacional; crimes ambientais; água; crimes de guerra; International Criminal Court; environmental crimes; water; war crimes

The article proposed brings an analysis of water as a human right, under the perspective of international criminal law, considering the existence of cases in which systematic attacks to water sources are utilized as a strategy of war in armed conflicts. Once the aquifers are contaminated, the population of the region stays vulnerable, causing a large humanitarian problem. Therefore, the research seeks to evaluate if the attacks on water sources during armed conflicts can be considered a war crime, under the requirements established by the Roma Statute. For that, it is made a case study of Darfur, in Sudan, a case judged by the International Criminal Court (ICC), where evidences where found of water tanks and plumps being intentionally contaminated by the government, as demanded by the ex-president Omar Al Bashir, to combat attacks of rebel troops. It is also made a study about the Rome Statute, and its definition of war crimes, as a way to determine if the attacks to the environment are within the scope of the Statute. The methodology utilized is a qualitative research, made by a bibliographical study, with the analysis of scientific articles and books, besides documents and international treaties. Likewise, it is made a case study about the case of the Prosecution v. Omar Al Bashir, in a way to conclude that, even though the ICC is able to judge this type of crime, this does not occur effectible.