Competence and Sovereignty
摘要
This chapter confronts the complex relationship between state sovereignty, international jurisdiction, and the ambition to recognise ecocide as a core international crime. While sovereignty remains a foundational principle of international law, its rigidity has eroded under the pressure of global crises and supranational demands. The International Criminal Court (ICC) exemplifies this evolution, exercising complementary jurisdiction over individuals for the most serious crimes. Yet, when faced with transboundary environmental destruction, traditional concepts of sovereignty and jurisdiction falter. The chapter explores the tangled web of legal limitations, geopolitical interests, and structural weaknesses that impede the inclusion of ecocide in the ICC’s jurisdiction. It highlights how international instruments, like the UN General Assembly’s Resolution 377 (V), offer potential avenues to bypass political deadlock—but are rarely used to their fullest. Ultimately, the analysis dares the reader to consider whether international law’s current architecture can adapt to the environmental urgency of the Anthropocene or if sovereignty will remain a convenient shield for inaction. Will the global community find the courage and legal innovation to criminalise ecocide universally or will environmental devastation continue to elude meaningful accountability on the world stage?