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.