Helen Brady & David Re, Environmental and Cultural Heritage Crimes: The possibilities under the Rome Statute, in JUSTICE WITHOUT BORDERS: ESSAYS IN HONOUR OF WOLFGANG SCHOMBURG 103 (Martin Böse et al. eds., 2018)

In this chapter, Brady and Re analogize the successful prosecutions for cultural property crimes at the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) to the potential to prosecute environmentally damaging or destructive crimes at the International Criminal Court (“ICC”). The authors explore how such crimes could be prosecuted under the Rome Statute as war crimes, crimes against humanity, genocide and aggression (once the ICC has jurisdiction over this crime). In so doing, the authors trace the historical landscape of international humanitarian law, international environmental law and customary international law as an incomplete regime to address environmental crimes during armed conflict, for which international criminal law offers jurisdiction.