This chapter provides a comprehensive and systematic account of the different ways in which international criminal law (ICL) can be operationalised to protect the environment. To do so, the existing legal framework is examined, resulting in the finding that ICL does not protect the environment sufficiently. The chapter divides the different possibilities of protecting the environment through ICL into an ‘anthropocentric’ (human-focused) and ‘ecocentric’ (environment-focused) approach. On the one hand, it finds that the anthropocentric approach, namely protecting the environment under the already existing provisions of the Rome Statute, does not offer suitable environmental protection. On the other hand, the ecocentric approach stands better chances in this regard, especially in the context of a possible crime of ecocide and its inclusion into the Rome Statute.

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Protecting the Environment through International Criminal Law—A Legal Analysis of Available Options

  • Ana Stella Ebbersmeyer

摘要

This chapter provides a comprehensive and systematic account of the different ways in which international criminal law (ICL) can be operationalised to protect the environment. To do so, the existing legal framework is examined, resulting in the finding that ICL does not protect the environment sufficiently. The chapter divides the different possibilities of protecting the environment through ICL into an ‘anthropocentric’ (human-focused) and ‘ecocentric’ (environment-focused) approach. On the one hand, it finds that the anthropocentric approach, namely protecting the environment under the already existing provisions of the Rome Statute, does not offer suitable environmental protection. On the other hand, the ecocentric approach stands better chances in this regard, especially in the context of a possible crime of ecocide and its inclusion into the Rome Statute.