Ecocide: From the Vietnam War to International Criminal Jurisdiction? Procedural Issues In-Between Environmental Science, Climate Change, and Law
Cork Online Law Review
35 Pages Posted: 13 Apr 2022
Giovanni Chiarini
University of Huddersfield; Texas Tech University; University College Cork - Centre for Criminal Justice and Human Rights; The University of Edinburgh, Centre for International and Global Law; Universitat zu Koln, Institute of International Peace and Security Law ; University of Warwick, Centre for Critical Legal Studies & Criminal Justice; Université Côte d'Azur, Laboratoire de Droit International et Européen
Date Written: April 1, 2022
Abstract
The crime of ‘ecocide’ has been discussed for almost 50 years and is of increasing relevance. Starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the ‘Stop Ecocide Foundation’ proposed to add ecocide as a new crime to the International Criminal Court (ICC) Rome Statute (RS), recommending amendments regarding substantive law and the structure of the crime of ecocide. This paper does not argue against this proposal. On the contrary, following an examination of the history of the crime of ecocide, it puts forward an integrative proposal focused on procedural issues, suggesting seven macro-amendments involving jurisdiction ratione temporis and the withdrawal process, standards of proof, issues of admissibility, the prosecutorial discretion and the UN Security Council powers, as well as a new definition of aggravated ecocide in case of Substantial Impact on Greenhouse Gas Emissions or Climate Change.
Keywords: ecocide, international criminal court, international criminal law, criminal procedure, environmental law, environmental science, vietnam war, war crimes, crimes against humanity, genocide, environment
JEL Classification: K14, K33, K41, K42, I100, I10, K32
Suggested Citation: Suggested Citation
Giovanni Chiarini (Contact Author)
University of Huddersfield ( email )
Queensgate
Huddersfield, HD1 3DH
United Kingdom
HOME PAGE: http://https://www.hud.ac.uk
Texas Tech University ( email )
2500 Broadway
Lubbock, TX 79409
United States
HOME PAGE: http://https://www.ttu.edu
University College Cork - Centre for Criminal Justice and Human Rights ( email )
College Rd, University College
Cork, T23
Ireland
HOME PAGE: http://https://www.ucc.ie/en/
The University of Edinburgh, Centre for International and Global Law ( email )
Old College, South Bridge EH89YL
Edinburgh
Great Britain
HOME PAGE: http://https://www.ed.ac.uk
Universitat zu Koln, Institute of International Peace and Security Law ( email )
Albertus-Magnus-Platz
Koln, 50923
Germany
HOME PAGE: http://https://portal.uni-koeln.de/en/sub/uoc-home
University of Warwick, Centre for Critical Legal Studies & Criminal Justice ( email )
Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom
HOME PAGE: http://https://warwick.ac.uk
Université Côte d'Azur, Laboratoire de Droit International et Européen ( email )
Av. Doyen Louis Trotabas
Nice, 06000
France
HOME PAGE: http://https://univ-cotedazur.eu
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