park2026:
Criminalizing Ecocide: Will Corporations Change?
Introduction
As climate change accelerates and ecosystems face unprecedented destruction, existing legal frameworks have proven inadequate to prevent or meaningfully deter large-scale environmental harm. Corporations, especially transnational corporations operating across jurisdictions, play a central role in driving deforestation, pollution, biodiversity loss, and greenhouse gas emissions, often...(more)
Wangu Gatonye:
I.
Introduction
“Ecocide” was coined in the 1970s through a proposal by Professor Arthur W. Galston, but has only recently gained popularity in legal circles.1
The proposed definition is: “[U]nlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.”2
The work that the diverse Independent...(more)
Talia Boyadjian:
Why the
IEPs
Draft Definition of Ecocide Cannot Work as a Core Crime
The concept of
ecocide
has circulated long before current efforts to amend the
Rome Statute,
with domestic and international circles debating it as a proposed legal tool to address human-caused extreme environmental destruction.1
Early formulations data back to the Vietnam War in response to large-scale wartime...(more)
gaza issue
You incorrectly asserted that "Only states negotiate borders." Provinces do negotiate borders with the state authorities. Local authorities also negotiate borders with the state authorities.gaza issue
Three years ago you correctly said: "The Rome Statute's preamble states that "the most serious crimes . . . must not go unpunished . . . ." The Statute further states that the States Parties are "...gaza issue
A crime against humanity is always also a war crime. The exception to this would be if the offender was a state not a signatory to the Geneva Conventions. Israel is not a signatory to Conventions III...gaza issue
You claim that the ICC "prosecutor has in hand a consent declaration from the state on whose territory the alleged crimes were committed". There are at least four possible entities here, which of...gaza issue
If for the sake of discussion we accept that Palestine is a state, must we also accept that the Treaty of Oslo that it signed is determinative for most of these legal issues?gaza issue
Professor ICC jurisdiction is secondary to the jurisdiction of the state involved and the role of the ICC is to address issues beyond the ability of that nation's judiciary. Let's accept for the...gaza issue
Your points are both insightful and accurate. It is even a bit more complex. Gaza is not a member of the ICC. Gaza is not "Palestine". The primary question may be: if Gaza is a state is the West Bank...gaza issue
The UN was created for exactly the purpose you describe. By the UN Treaty, only the UNSC may so act on behalf of the "international community". The UN Charter makes it clear that only the UNSC has...gaza issue
You made excellent points. The fundamental question here is if the ICC stands for International Criminal Court or if it stands for the International Civil Court? Does a criminal - or does a civil...