File 012021International Law

Greening the ICC – conceivable campaign or quixotic quest?

Abstract. Evaluating proposals to codify ecocide as the Rome Statute’s fifth crime against peace, this doctrinal study examines the legal constraints of the ICC. Examining anthropocentrism, strict mens rea, diffuse causation, corporate immunity, and lack of restorative remedies, it finds the ICC ill-suited for environmental harms. Due to the unique nature of environmental crimes, effective governance requires a specialized environmental court.

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