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- Title
Ökozid – Utopie, Dystopie oder Notwendigkeit?
- Authors
Janik, Ralph
- Abstract
The article discusses the idea of introducing a separate "ecocide" provision in the Rome Statute of the International Criminal Court to punish individuals in key positions within large corporations or states for grossly negligent or deliberate environmental destruction. The term "ecocide" originated from the Vietnam War and the destruction of forests caused by the defoliant "Agent Orange." It is argued that ecocide is both a moral critique and a legal concept. The significance of international environmental law and the protection of the natural environment in the context of armed conflicts is also addressed. The NGO Stop Ecocide International has proposed a definition of ecocide that encompasses unlawful or arbitrary actions causing significant harm to the environment. However, the inclusion of such a crime requires a two-thirds majority of the contracting parties to the Rome Statute. A separate ecocide provision could strengthen accountability for environmental crimes and make the environment itself a protected object. The article discusses the idea of an ecocide provision as a necessary counterpart to the right to a safe and sustainable environment. It emphasizes that not only states and corporations but also individuals bear responsibility for environmental crimes. However, concerns are also raised regarding the definition and application of such a provision, particularly in terms of distinguishing between intent and gross negligence, as well as determining liability for environmental damage. It is argued that criminal law is not always the best solution for ecological problems and that international environmental law is based on collective efforts. Nevertheless, the introduction of an ecocide provision could help prohibit certain practices and draw public attention to environmental issues.
- Subjects
INTERNATIONAL Criminal Court; LIABILITY for environmental damages; INTERNATIONAL environmental law; ENVIRONMENTAL degradation; CRIMINAL law; INTERNATIONAL criminal courts; ENVIRONMENTAL crimes
- Publication
Nachhaltigkeitsrecht, 2023, Issue 3, p326
- ISSN
2708-9649
- Publication type
Article
- DOI
10.33196/nr202303032601