Beyond Human Suffering: The Imperative Case for Recognising Ecocide as the Fifth International Crime Under the Rome Statute
- NLR Journal
- Jul 15
- 1 min read
By Suji Cheriyan, Research Scholar, Government Law College, Ernakulam*.
Abstract
The International Criminal Court (ICC) currently prosecutes four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. However, the escalating global environmental crisis demands urgent consideration of ecocide as a fifth international crime. This article examines the legal, moral, and practical imperatives for incorporating ecocide into the Rome Statute framework. Through comprehensive analysis of existing international environmental law, precedential cases, and emerging state practice, this study demonstrates that environmental destruction on a massive scale constitutes a crime of comparable gravity to existing international crimes. The article explores definitional challenges, jurisdictional considerations, and implementation mechanisms while addressing counterarguments regarding sovereignty and economic development. With climate change causing an estimated 250,000 additional deaths annually between 2030-2050 and environmental degradation affecting over 3.2 billion people globally, the international community faces an unprecedented crisis requiring criminal law intervention. The research employs doctrinal legal analysis, comparative law methodology, and empirical data assessment to establish that ecocide recognition would fill critical enforcement gaps in international environmental protection. The findings suggest that ecocide criminalization would enhance deterrence, provide justice for affected communities, and strengthen the ICC's mandate as guardian of humanity's collective interests. This article concludes that the Rome Statute's amendment process should be initiated to include ecocide, particularly given growing momentum from civil society, legal scholars, and progressive state actors.
Keywords: Ecocide, International Criminal Court, Environmental Crimes, Rome Statute, Climate Justice.
* The author is a Research Scholar, Government Law College, Ernakulam, under MG University, Kottayam, and Assistant Professor, Bharata Mata School of Legal Studies, Aluva.
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