Mark A. Drumbl, Waging War against the World: The Need to Move from War Crimes to Environmental Crimes, in The Environmental Consequences of War: Legal, Economic, and Scientific Perspectives 620, 636–46 (Jay E. Austin & Carl E. Bruch eds., 2000)

Published in 2000, this book chapter discusses the challenge of developing a mechanism to ensure state compliance with standards of the environmental consequences of war, including deterring violations and attaching responsibility for violations. Drumbl specifically examines the potential of the ICC to provide this mechanism. He predicts that the ICC “may not be particularly well-suited to sanction environmentally destructive behavior.” He argues that ecocide should also apply in times of peace, and that an international environmental court should prosecute environmental crimes, including the trade of endangered species, hazardous wastes, ozone-depleting substances, as well as environmental destruction for economic development. While Drumbl encourages the development of an ecocide convention that takes into account all these types of harms, he concludes: “It remains an open question whether such conduct ought to be conjunctively sanctioned by an international criminal court. If so, an entente of understanding will have to be developed between the two courts to avoid situations of double jeopardy and overlapping jurisdiction.”

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