Antonio Abrami, Proposal of Two Historical Reforms: An International Environmental Criminal Court (IECC), A European Environmental Criminal Court (EECC), Int’l Acad. Envtl. Scis. (July 7, 2010)
This document outlines a presentation by Prof. Antonio Abrami and Mr. Freddy Grunert from the International Academy of Environmental Sciences to the Environment, Public Health and Food Safety (“ENVI”) Committee of the European Union (“EU”). In this ENVI Committee hearing, the presenters propose the creation of a European Environmental Criminal Court (“EECC”) alongside an International Environmental Criminal Court (“IECC”) to preserve the environment. The presenters first recount environmental catastrophes, including the Deepwater Horizon spill, the Bhopal Gas Tragedy, and the Sevin Pesticide case, as events pointing to the growing need and urgency for an effective intervention to address the “environmental problem.”
In arguing for the EECC, the presenters offer that the principal strength of such a system is uniform application of environmental law across the EU. Whereas the EECC would serve as the competent institution to enforce EU laws, the IECC is envisaged as its “twin” court for cases where national criminal courts with jurisdiction over the matter has failed to intervene. Abrami and Grunert support amending the Rome Statute to enlarge the ICC’s jurisdiction, which would then operate as the IECC, over international “environmental disasters which are so henous [sic] that they qualify as a crime against humanity.” The presentation ends by calling for a European Parliament Resolution including these proposals and recommends the ENVI Committee to create a Scientific and Judiciary Commission to advise the elaboration of the EECC Statute.