Kelly Pisimisi, Criminalizing Environmental Degradation and Devastation: New Prospects for the ICC Rome Statute?, American University International Law Review, Vol. 38(2), pp. 419-458 (Oct. 2023)

This paper explores the evolving landscape of environmental protection as a fundamental human right within international law. It discusses the transition from an eco-centric to a human rights-based approach, emphasizing recent initiatives aimed at recognizing environmental degradation as a potential international crime, “ecocide.” The paper critically examines the challenges associated with integrating this concept into the existing framework of the International Criminal Court and argues that such an inclusion may complicate rather than enhance the effectiveness of international criminal justice. Additionally, it proposes alternative mechanisms for addressing environmental harms, highlighting the need for a comprehensive legal strategy to protect both human rights and the environment in the face of escalating climate crises.