Alexandria M. Hanna, Killing Our Home: The Case for Creating an International Crime of Ecocide, Social Justice and Equity Law Journal, Vol. 6, pp. 1-41 (2023)
This Article advocates for the creation of an international crime of ecocide by amending the Rome Statute of the International Criminal Court. It examines the history and concept of ecocide, arguing that such a crime is necessary due to the transboundary nature of environmental disasters and the inadequacy of current legal frameworks in addressing severe ecological damage. The Article proposes defining ecocide as “acts committed by a person or persons with a conscious disregard of a substantial and unjustifiable risk that grave destruction will occur to an ecosystem.” It analyzes this definition in comparison to other proposals, explores the policy goals behind criminalizing ecocide, and addresses potential objections to establishing such an international crime. By examining case studies of environmental devastation, from the Vietnam War to recent conflicts, the Article makes the case that ecocide deserves recognition as a crime against peace alongside genocide, crimes against humanity, war crimes, and crimes of aggression. Ultimately, it argues that criminalizing ecocide at the international level is crucial for deterring environmental destruction, achieving retributive justice, and protecting ecosystems and human health for current and future generations.
