Proposed article 8 ter of the Rome Statute

Article 8 ter

Crimes against the environment

1. For the purposes of this Statute, “crimes against the environment” means employing, within the context of and associated with an armed conflict, a method or means of warfare with intent to cause widespread, long-term or severe damage to the natural environment.
2. For the purposes of paragraph 1:
   1. a person has “intent” to cause widespread, long-term or severe damage to the natural environment where:
      1. that person means to cause such damage; or
      2. that person is aware of the substantial likelihood that such damage will occur in the ordinary course of events; or
      3. that person consciously disregards information that clearly indicates a substantial likelihood that such damage will occur in the ordinary course of events;
   2. “widespread” means an area on the scale of at least one hundred square kilometers;
   3. “long-term” means lasting at least for a period of one or more seasons;
   4. “severe” means serious disruption, degradation or harm;
   5. “natural environment” includes those ecological, biological and resource systems necessary to sustain continued existence of all forms of human, animal, or plant life;
   6. “damage to the natural environment” includes but is not limited to circumstances that constitute a concrete endangerment to human life or health, and my include any of the following:
      1. destruction or degradation of the marine environment, marine wildlife, or marine habitats;
      2. destruction or degradation of terrestrial fauna and flora, or their habitats;
      3. pollution of the atmosphere;
      4. destructive climate modification;
      5. any other form of environmental destruction, degradation or harm of comparable gravity.