Joseph M. Gabris, Zero Tolerance for Environmental Crimes in Klaus Bosselmann, Kathryn Gwiazdon, & Virginia Zambrano (1st edn) “Ecological Integrity and International Law” (Routledge), pp.79-90 (Feb. 2025)

The Rome Statute of the International Criminal Court (Rome Statute), adopted in 1998 and entered into force in 2002, established the International Criminal Court (ICC). The Rome Statute established four core international crimes: (1) genocide, (2) crimes against humanity, (3) war crimes, and (4) crimes of aggression. Notably missing from the original list is “environmental crimes.” Environmental crimes can range from illegal logging practices to environmental pollution to outright ecocide. Ecocide refers to the destruction of ecosystems, encompassing both natural environments and the interconnected web of life within them, often resulting in long-lasting and irreversible harm to the planet’s biodiversity, ecological balance, and overall well-being. Common among ecocide and the four core international crimes recognized by the Rome Statute is that everyone is a victim, including generations of both the past and those yet to be. This chapter starts with a dive into international environmental law and the origins of the Rome Statute. This chapter then explains why environmental crimes should be recognized by the ICC, how that would look, including methods of enforcement, and where the current status of international environmental crimes stands today. This chapter observes how different nation-states and organizations are already tackling environmental crimes before proposing a blueprint on globalizing such crimes through the ICC and other international organizations. This chapter concludes with the message that grave offenses against the environment should be under the purview of criminal law, due to the scope and severity of the harms, as well as the important societal, deterrent role of criminal law. Business as usual is not working, and we must look to new legal approaches to confront the crises we face in a way that honors the significance of the harm, and the significance of the protection – life.