The Crime of Ecocide Through Human Rights: Towards Environmental Protection and Justice
摘要
The proposal to establish a new international crime of ecocide under the ICC Statute reflects the interconnected imperatives of human rights and environmental protection. In this contribution, we explore two ways in which a human rights approach can flesh out the content of the proposed crime in a manner that supports the ultimate goals of prevention, protection, and justice. The international human rights system has elaborated the responsibilities of States and non-State actors in relation to human rights and the environment, establishing benchmarks to assist governments and businesses in their implementation. We consider how these can be drawn upon to define the parameters of the crime of ecocide and inform its interpretation. We also argue that using a human rights lens to interpret the crime helps to reveal structural inequalities and the disparate impacts of environmental destruction on vulnerable and marginalised individuals and groups. Prosecutions that reflect the reality of these lived experiences, and thus encompass the full impact of the criminality, hold greater potential to contribute to environmental and climate justice.