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September 16, 2025Syiah Kuala Law Journal0 citationsOpen Access

Criminal implementation for violation of law Number 33 of 2014 concercing assurance of halal Product in indonesian

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IHIfahda Pratama Hapsari

Key Points

  • The combination of international humanitarian law and environmental law offers limited but crucial protections for the marine environment.
  • Treaties like the United Nations Convention on the Law of the Sea remain relevant during armed conflict, addressing regulatory gaps in humanitarian law.
  • The study employs a doctrinal legal research approach to analyze relevant treaties and international case law to support its arguments.
  • Reconciliation of international humanitarian law and environmental law is essential to effectively safeguard the global commons during warfare.

Abstract

This article examines the intersection of International Humanitarian Law (IHL) and International Environmental Law (IEL) in the protection of the marine environment during armed conflict, with particular focus on areas beyond national jurisdiction under the “common heritage of mankind” principle. It argues that while IHL provides limited safeguards against environmental harm, its scope remains inadequate to address the complex ecological threats posed by modern warfare at sea. IEL, particularly the United Nations Convention on the Law of the Sea (UNCLOS) and related instruments, continues to apply in times of armed conflict and may fill the regulatory gap left by IHL. Using a doctrinal legal research approach, this study analyzes relevant treaties, international case law, and soft law principles such as the PERAC Guidelines and the Martens Clause. The findings suggest that IEL should not be suspended during hostilities and must be interpreted harmoniously with IHL to ensure effective protection of the global commons. The article concludes that reconciling IHL and IEL is necessary to strengthen legal safeguards for the marine environment, emphasizing the role of states, international organizations, and judicial bodies in operationalizing this convergence. This provides a theoretical and practical contribution to international law by advancing an integrated legal framework that upholds both humanitarian and environmental values in maritime armed conflict.

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Ifahda Pratama Hapsari (2025) studied this question.

synapsesocial.com/papers/68d454d831b076d99fa5abf3https://doi.org/10.24815/sklj.v9i1.45369
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