The concept of ecocide has evolved from its origins in the Vietnam War to contemporary discussions on international criminal accountability for environmental destruction. While early debates linked ecocide to war crimes, efforts to establish it as an independent international crime have faced significant resistance. This chapter traces the historical development of ecocide within the United Nations, particularly through the International Law Commission’s attempts to codify environmental crimes. The omission of ecocide from the Rome Statute of the ICC reflects the political and legal challenges surrounding its recognition. Efforts to align ecocide with genocide or crimes against humanity have also struggled due to legal technicalities, particularly the difficulty of proving intent. Despite setbacks, the recent resurgence of interest in ecocide, driven by climate change and corporate environmental destruction, suggests a growing consensus on the need for criminal accountability. The chapter critically examines whether ecocide should be classified as an international crime and what legal standards would be required to ensure its enforceability. The discussion raises fundamental questions about the future of environmental justice and the role of international criminal law in addressing ecological collapse.

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Development of the Notion of Ecocide

  • Djalma Alvarez Brochado Neto

摘要

The concept of ecocide has evolved from its origins in the Vietnam War to contemporary discussions on international criminal accountability for environmental destruction. While early debates linked ecocide to war crimes, efforts to establish it as an independent international crime have faced significant resistance. This chapter traces the historical development of ecocide within the United Nations, particularly through the International Law Commission’s attempts to codify environmental crimes. The omission of ecocide from the Rome Statute of the ICC reflects the political and legal challenges surrounding its recognition. Efforts to align ecocide with genocide or crimes against humanity have also struggled due to legal technicalities, particularly the difficulty of proving intent. Despite setbacks, the recent resurgence of interest in ecocide, driven by climate change and corporate environmental destruction, suggests a growing consensus on the need for criminal accountability. The chapter critically examines whether ecocide should be classified as an international crime and what legal standards would be required to ensure its enforceability. The discussion raises fundamental questions about the future of environmental justice and the role of international criminal law in addressing ecological collapse.