Ramindu Perera, Environmental Destruction during Armed Conflict, Anthropocentrism-Ecocentrism Divide and defining Ecocide. Asia Pacific Journal of International Humanitarian Law, Vol. 4, pp. 1-33 (2023)
The anti-ecocide movement seeks to use international criminal law to prohibit large-scale environmental destruction. The 2021 legal definition of ecocide by the Independent Expert Panel, appointed by the Stop Ecocide Foundation (SEF), marks a milestone in this effort. This article evaluates the SEF definition from an eco-centric perspective, arguing that anthropocentric approaches to environmental protection during armed conflict are insufficient. The definition is seen as a progressive step beyond Article 8(2)(b)(iv) of the Rome Statute—the only current provision addressing environmental harm in armed conflict—by initiating a normative shift within the Statute, moderating the cumulative “widespread, long-term and severe” damage threshold, introducing dynamic interpretations of actus reus, adopting a flexible mens rea standard through dolus eventualis, and extending protections to non-international conflicts. However, the inclusion of a proportionality assessment introduces an anthropocentric element that undermines the eco-centric foundation. Rather than treating eco-centric and anthropocentric approaches as binary, the article positions them on a spectrum. Accordingly, it argues that the SEF definition reflects a “soft eco-centric” model—predominantly eco-centric, but with anthropocentric leanings.
