Chris McCay, The Criminalisation of Environmental Damage in International Law through the Introduction of Ecocide, Trinity College Law Review, Vol. 27, pp. 35-66 (2024)

This article critically examines the evolving discourse surrounding the criminalisation of extreme environmental harm through the proposed international crime of ecocide. It assesses the current legal and conceptual status of ecocide within international law and provides a detailed analysis of the 2021 definition advanced by the Independent Expert Panel (IEP). The article argues that while the IEP’s proposal is a significant step forward in elevating ecological concerns in international criminal law, its definition is hindered by vague terminology and the problematic incorporation of socio-economic justifications that may undermine the effectiveness of the offence. In response, the author proposes reforms aimed at enhancing the clarity, enforceability, and normative integrity of the crime, particularly regarding the actus reus and mens rea requirements. Furthermore, the article evaluates the suitability of the International Criminal Court (ICC) as the forum for adjudicating ecocide, concluding that although imperfect, the ICC remains the most viable existing institution. By engaging with legal, philosophical, and practical dimensions, the paper advocates for a reimagined approach to ecocide that shifts away from anthropocentric paradigms and towards a more ecocentric and justice-driven framework.