Ecocide, the causing of serious environmental harm, is gaining momentum as a potential international crime before the International Criminal Court. This chapter examines the ecocide definition proposed by the Independent Expert Panel and explores how—alternatively to an amendment of the International Criminal Court’s Statute—ecocide could be prosecuted under existing international crimes. Although the Prosecutor seems open to addressing environmental crimes within this existing framework, significant legal and conceptual obstacles remain due to the anthropocentric nature of the core crimes. However, the residual category of crimes against humanity may offer a viable avenue for addressing crimes equivalent to ecocide. Environmental harm could also prove contextual elements or be considered an aggravating factor in sentencing. Beyond the International Criminal Court, domestic jurisdictions can provide fora to prosecute such environmental offences. The Netherlands are a case in point, given its strong track record in international criminal law and ability to prosecute corporations. In the hope that the Dutch Prosecution Service will be inspired by progressive judgements on civil liability for environmental damage and the ICC Prosecutor’s new focus on environmental crimes, we advocate for a more proactive policy, even if it entails complex cross-border investigations.

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Ecocide as an International Crime? Perspectives on Prosecution at the ICC and in the Netherlands

  • Göran Sluiter,
  • Barbara van Straaten,
  • Ava Schuster

摘要

Ecocide, the causing of serious environmental harm, is gaining momentum as a potential international crime before the International Criminal Court. This chapter examines the ecocide definition proposed by the Independent Expert Panel and explores how—alternatively to an amendment of the International Criminal Court’s Statute—ecocide could be prosecuted under existing international crimes. Although the Prosecutor seems open to addressing environmental crimes within this existing framework, significant legal and conceptual obstacles remain due to the anthropocentric nature of the core crimes. However, the residual category of crimes against humanity may offer a viable avenue for addressing crimes equivalent to ecocide. Environmental harm could also prove contextual elements or be considered an aggravating factor in sentencing. Beyond the International Criminal Court, domestic jurisdictions can provide fora to prosecute such environmental offences. The Netherlands are a case in point, given its strong track record in international criminal law and ability to prosecute corporations. In the hope that the Dutch Prosecution Service will be inspired by progressive judgements on civil liability for environmental damage and the ICC Prosecutor’s new focus on environmental crimes, we advocate for a more proactive policy, even if it entails complex cross-border investigations.