Anastacia Greene, Mens Rea and the Proposed Legal Definition of Ecocide, VOELKERRECHTSBLOG (July 7, 2022)

In this blog, Greene discusses the mens rea of the Independent Expert panel definition of ecocide. She notes that there are three basic forms of mens rea under ICC prosecutions, including “dolus directus”, “dolus indirectus”, and “dolus eventualis.” Greene notes that the mens rea used in the ecocide definition is the last one. The author states that even though the Rome Statute only covers the direct intent to harm or knowledge that the harm will occur, Article 30 of the Rome Statute provides for exceptions under the language “unless otherwise provided” which could allow for ecocide’s less stringent definition of mens rea. However, Greene notes that the drafters of the Rome Statute originally considered and rejected the mens rea proposed by the Independent Expert Panel definition of ecocide, which could indicate additional challenges for the passage of the crime of ecocide.