Jerome de Hemptinne, Ecocide: an Ambiguous Crime?, EJIL: Talk! (August 29, 2022)
In this post, the author intends to show that the drafting of this definition, which intimately connects ecocide to aspects of both International Humanitarian Law (IHL) and the ICC Statute, is dictated by the necessity to maximize its chances of being adopted by a large majority of States. The drafting also appears to be justified by the need to mask the uncertain nature of the crime of ecocide. Indeed, while it is increasingly accepted that the massive destruction of the environment affects significant international values and interests and ultimately constitutes a threat to peace and security, ecocide does not yet qualify as an international crime under customary or conventional international law. The blog goes through first whether ecocide constitutes an IHL violation, an ICC crime, and finally whether it could be considered as an international crime.