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)
prevention issue
Argument The International Criminal Court should actively employ positive complementarity and defer to non-prosecutorial methods when appropriate in preventing crime....oversight issue
The Independent Oversight Mechanism will consume the resources of the International Criminal Court and will adversely affect the court’s ability to perform its functions...darfur issue
Ivory Coast lodged a declaration with the Registrar accepting the exercise of jurisdiction by the ICC on October 1, 2003 with respect to alleged crimes committed "from" September 19, 2002....darfur issue
Although Ivory Coast is not a state party to the Rome Statute, the ICC may establish its jurisdiction to investigate the alleged human rights violation that occurred after the 2010...darfur issue
I. Introduction Contracting parties to the Convention on the Prevention and Punishment of the Crime of Genocide (...gaza issue
The functional approach espoused by Professor Cherif Bassiouni can severely undermine the ICC’s role in prosecuting war criminals. Although the ICC’s objective may be to end impunity, it simply...gaza issue
Article 66 of the Rome Statute provides that all persons are presumed innocent until proven guilty beyond a reasonable doubt. I agree to a certain extent that the ICC should refrain from ruling...gaza issue
The Prosecutor of the ICC does not have jurisdictional authority to initiate an investigation into the alleged crimes committed in the 2008-2009 Gaza Conflict. In order to systematically analyze the...