Assessing Ecocide as the Fifth International Crime Under the Jurisdiction of the International Criminal Court
Abstract
This thesis explores the potential inclusion of Ecocide as an international crime
within the jurisdiction of the International Criminal Court (ICC), considering the
Travaux Préparatoires and Commentaries of the Rome Statute, as well as the
associated challenges and opportunities. The Agent Orange case during the
Vietnam War serves as a stark warning. Critics and proponents alike advocate for
a more robust legal framework. The thesis employs normative legal research with
three approaches, namely the statutory, historical, and conceptual approach,
focusing on expert opinions and scrutinizing key treaties such as the Rome Statute
and the Vienna Convention on the Law of Treaties. The research findings suggest
that Ecocide can indeed be classified as an international crime within the ICC's
jurisdiction. Nevertheless, significant challenges persist, including the imperative
need for a globally accepted definition of international crimes. Several theories
support the incorporation of Ecocide into the ICC's jurisdiction, including the
universal criminality theory, the Malum in Se theory, and the ten penal
characteristics. The ICC's consideration of environmental destruction marks a
significant shift. State practices and domestic efforts to criminalize Ecocide in
various countries bolster the case for its classification as an international crime.
While international criminal law has advanced, environmental law has not kept
pace with these developments. The inclusion of Ecocide within the ICC's ratione
materiae is not without its challenges, which encompass defining a damage
threshold, addressing corporate liability gaps, and determining intent standards.
Proposing "Ecocide" as a fifth international crime presents opportunities to bridge
gaps in environmental law, redefine corporate responsibility, and forge links
between environmental protection and human rights.
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