The crime of ‘ecocide’ has been discussed for almost 50 years and is of increasing relevance. Starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the ‘Stop Ecocide Foundation’ proposed to add ecocide as a new crime to the International Criminal Court (ICC) Rome Statute (RS), recommending amendments regarding substantive law and the structure of the crime of ecocide. This paper does not argue against this proposal. On the contrary, following an examination of the history of the crime of ecocide, it puts forward an integrative proposal focused on procedural issues, suggesting seven macro-amendments involving jurisdiction ratione temporis and the withdrawal process, standards of proof, issues of admissibility, the prosecutorial discretion and the UN Security Council powers, as well as a new definition of aggravated ecocide in case of Substantial Impact on Greenhouse Gas Emissions or Climate Change. This publication has been awarded the gold medal and a cash award for the best overall article, Arthur Cox Prize, University College Cork.

Ecocide: From The Vietnam War To International Criminal Jurisdiction? Procedural Issues In-Between Environmental Science, Climate Change, And Law.

chiarini giovanni
Primo
2022

Abstract

The crime of ‘ecocide’ has been discussed for almost 50 years and is of increasing relevance. Starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the ‘Stop Ecocide Foundation’ proposed to add ecocide as a new crime to the International Criminal Court (ICC) Rome Statute (RS), recommending amendments regarding substantive law and the structure of the crime of ecocide. This paper does not argue against this proposal. On the contrary, following an examination of the history of the crime of ecocide, it puts forward an integrative proposal focused on procedural issues, suggesting seven macro-amendments involving jurisdiction ratione temporis and the withdrawal process, standards of proof, issues of admissibility, the prosecutorial discretion and the UN Security Council powers, as well as a new definition of aggravated ecocide in case of Substantial Impact on Greenhouse Gas Emissions or Climate Change. This publication has been awarded the gold medal and a cash award for the best overall article, Arthur Cox Prize, University College Cork.
https://www.corkonlinelawreview.com/copy-of-edition-xxi-1
ecocide; international criminal court; international criminal procedure; criminal procedure;
Chiarini, Giovanni
File in questo prodotto:
File Dimensione Formato  
BestArticle.21stEdition gold medal chiarini.pdf

non disponibili

Descrizione: Ecocide: From The Vietnam War To International Criminal Jurisdiction? Procedural Issues In-Between Environmental Science, Climate Change, And Law - Giovanni Chiarini
Tipologia: Versione Editoriale (PDF)
Licenza: DRM non definito
Dimensione 758.46 kB
Formato Adobe PDF
758.46 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11383/2134574
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact