The recognition of the environment as a legal good to be protected by States has developed unevenly across different legal fields, with criminal law acting as a last resort when other mechanisms fail. Despite the growing number of environmental regulations, international environmental law remains fragmented, resulting in symbolic legal instruments rather than effective protection. This chapter examines cases of massive environmental destruction—categorized as ecocide—exploring their legal repercussions and the debate over whether such crimes should fall under national or international jurisdiction. Notably, large-scale environmental harm often transcends national borders, challenging traditional legal frameworks. Despite the existence of international criminal law through the International Criminal Court (ICC), there is still no specific provision in the Rome Statute for environmental crimes in times of peace. Through historical and contemporary examples— including the Vietnam War’s Agent Orange, oil exploitation disasters, and industrial negligence—this chapter demonstrates the systemic failure to criminally address environmental destruction at a global level. The discussion underscores the legal vacuum that allows environmental devastation to persist with minimal accountability, reinforcing the urgent need for new legal mechanisms to address ecocide on an international scale.

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Massive Environmental Damage in the World

  • Djalma Alvarez Brochado Neto

摘要

The recognition of the environment as a legal good to be protected by States has developed unevenly across different legal fields, with criminal law acting as a last resort when other mechanisms fail. Despite the growing number of environmental regulations, international environmental law remains fragmented, resulting in symbolic legal instruments rather than effective protection. This chapter examines cases of massive environmental destruction—categorized as ecocide—exploring their legal repercussions and the debate over whether such crimes should fall under national or international jurisdiction. Notably, large-scale environmental harm often transcends national borders, challenging traditional legal frameworks. Despite the existence of international criminal law through the International Criminal Court (ICC), there is still no specific provision in the Rome Statute for environmental crimes in times of peace. Through historical and contemporary examples— including the Vietnam War’s Agent Orange, oil exploitation disasters, and industrial negligence—this chapter demonstrates the systemic failure to criminally address environmental destruction at a global level. The discussion underscores the legal vacuum that allows environmental devastation to persist with minimal accountability, reinforcing the urgent need for new legal mechanisms to address ecocide on an international scale.