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)
Mass Rape issue
Perpetrators of mass rape must be brought to justice. Sexual violence, human trafficking and mass rape are regularly used as weapons in war. In some cases, it will be crucial for the prosecution to...prevention issue
Introduction The ICC has been established with jurisdiction over various types of crimes, including: genocide, war crimes and crimes against...oversight issue
The ICC Prosecutor has recently submitted a request to the Pre-Trial Chamber of the ICC to authorize an investigation into crimes committed in Côte d’Ivoire. The post-election violence in the Ivorian...oversight issue
Introduction There are two dominant theories that inform the current debate. The first theory focuses on agency costs, while the second makes the concept of trusteeship...darfur issue
The AU Resolution establishes that AU Member States “shall not cooperate pursuant to the provisions of Article 98 of the Rome Statute of the ICC...gaza issue
The legitimacy of the Goldstone follow-up committee ultimately depends upon the reputation and impartiality of its members, including its former head—Professor Christian Tomuschat. UN...gaza issue
Professor Cherif Bassiouni raises an important point regarding the applicability of Article 15 of the Rome Statute. Thus far, most contributors have focused on...gaza issue
This is an interesting question. It raises important issues about the intersection between international criminal justice, law, morality and politics. Genocide and other crimes against humanity are...gaza issue
Magli, The future of the ICC will largely depend on the ability of the Court to garner the political support of States and the Security Council. While some institutions such as the European Court of...gaza issue
Magli, many thanks for your post. The Gaza debate shows how difficult it is for the ICC to interfere in situations where there is no clear jurisdiction.The Rome Statute imposes real limitations on...gaza issue
Magli, your analysis leads to the conclusion that the ICC should not apply the standard criteria for statehood for the purposes of Article 12(3) of the Rome Statute. In this respect several...gaza issue
It is widely recognized that the ICC cannot draw upon universal jurisdiction. The power of the ICC to prosecute derives from the consent of the state parties.gaza issue
Setting a low threshold of statehood would have a substantial effect on the rights of States. It would potentially lead to a situation where the ICC would encroach upon the sovereign and territorial...gaza issue
The notion of jurisdiction is fundamental to the operation of the International Criminal Court (ICC). Jurisdiction refers to the competence or authority of the Court to investigate or review a...