Anastacia Greene, The Campaign to Make Ecocide an International Crime: Quixotic Quest or Moral Imperative?, 30(3) Fordham Envtl. L. Rev. 1­­–48 (2019)

Focusing on the global campaign by lawyers and organizations to recognize ecocide as an international crime, Greene tests the feasibility of adding ecocide to the ICC’s mandate as a fifth crime against peace and explores whether the ICC is the right forum. After tracing the evolution of this campaign at the academic and UN levels, the history of ecocide and the procedural process to amend the Rome Statute, she considers the need for a law against ecocide based in moral and legal principles. On the other hand, Greene entertains criticisms, such as the lack of consensus around defining ecocide and problems establishing intent and causation. She concludes that “[t]he law of ecocide, if it is created, seems most appropriate for consideration by a specialized international court.” A new Ecocide Convention could create more flexible remedies that are not in the Rome Statute, such as a global trust or injunctions. To the question posed by the article’s title, Greene answers that the campaign efforts for ecocide are both quixotic quests and moral imperatives.

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