Giovani Chiarini, Ecocide: From the Vietnam War to International Criminal Jurisdiction? Procedural Issues In-Between Environmental Science, Climate Change, and Law, 21 CORK ONLINE L. REV. 1 (2022)
This paper recounts the road to a definition of ecocide, going back to Richard Falk’s Draft International Convention on the Crime of Ecocide in 1973. The author notes that starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the Stop Ecocide Foundation proposed to add ecocide as a new crime to the International Criminal Court’s Rome Statute, recommending amendments regarding substantive law and the structure of the crime of ecocide. Following an examination of the history of the crime of ecocide, Chiarini puts forward an integrative proposal focused on procedural issues, suggesting seven macro-amendments involving jurisdiction ratione temporis and the withdrawal process, standards of proof, issues of admissibility, the prosecutorial discretion and the UN Security Council powers, as well as a new definition of aggravated ecocide in case of Substantial Impact on Greenhouse Gas Emissions or Climate Change.