Christian Tomuschat, Crimes Against the Environment, 26(6) Envtl. Pol’y & L. 242–43 (1996)

This article traces the International Law Commission’s drafting history of codifying “crimes against the environment.” Professor Tomuschat, member of the ILC, notes that causing harm to the environment was initially set forth as an autonomous crime (Article 26), but that such “new” crimes were not palatable to some states and subsequently dropped. Professor Tomuschat then critiques the draft text of what would evolve into article 8(2)(b)(iv) under the Rome Statute, that the “double intent” requirement (to cause damage to the environment so as to prejudice the health or survival of a population) demands almost impossible conditions of applicability.

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