Jérôme de Hemptinne & Helena Szczupak, The Destruction of Indigenous Communities’ Landscapes, an Aggravated Form of Ecocide? EJIL:Talk! (May 2025)
This article explores whether the systematic destruction of Indigenous communities’ landscapes—through industrial activities such as mining, deforestation, and resource extraction—could amount to an aggravated form of ecocide under international criminal law. While existing legal categories such as crimes against humanity and genocide may, in theory, apply, they face significant conceptual and definitional limitations when addressing the intertwined cultural, spiritual, and environmental harms Indigenous peoples suffer. The authors critically assess these limitations, emphasizing the anthropocentric orientation of ICL, which largely neglect the relational worldview of Indigenous communities. They argue that the proposed recognition of ecocide as a new international crime offers a more promising legal pathway, especially if it is expanded to account for the unique relationship between certain communities and their ecosystems. The article ultimately proposes an amendment to the ICC’s draft Article 8ter: introducing the concept of aggravated ecocide—a form of environmental harm that significantly impairs the fundamental rights of Indigenous peoples—and, thus, paving the way for a more inclusive and ecologically grounded approach to international justice.
