Climate change poses an existential threat to humanity. In response to its severity, various legal strategies have emerged, ranging from civil and constitutional litigation to the recent use of criminal law to address ecocide. Given the transnational ...
Climate change poses an existential threat to humanity. In response to its severity, various legal strategies have emerged, ranging from civil and constitutional litigation to the recent use of criminal law to address ecocide. Given the transnational nature of environmental harm, which makes prosecution within a single jurisdiction inadequate, the International Criminal Court (ICC) presents a necessary forum for adjudicating such crimes. Although there is a growing movement to amend the Rome Statute to include ecocide as a fifth core crime, this process would be time-consuming and uncertain, particularly in securing consensus among state parties. Considering the urgency of the climate crisis, this paper instead examines whether acts of ecocide can be prosecuted under the ICC’s existing four core crimes.
Through a doctrinal legal analysis of the Rome Statute and relevant jurisprudence, this study assesses whether ecocide can fall within the scope of genocide, crimes against humanity, war crimes, and the crime of aggression. Each jurisdiction is analyzed in light of its legal elements and supported with illustrative case studies demonstrating the nexus between ecocide and the existing jurisdictions. While recognizing the anthropocentric limitations of the Rome Statute, the paper seeks to mitigate this bias by emphasizing the ecological consequences of each case alongside human impacts.
The analysis concludes that ecocide can, in principle, be prosecuted under genocide, crimes against humanity, and war crimes, whereas the crime of aggression remains difficult to implement due to its definitional ambiguity. Finally, by examining the pending case of former Brazilian President Jair Bolsonaro, the paper highlights the near-term possibility of prosecuting ecocide before the ICC.