Steven Freeland, Crimes Against the Environment—A Role for the International Criminal Court?, in Alberto Costi & Yves-Louis Sage (eds.) “Droit De L’environnement Dans Le Pacifique Problematiques Et Perspectives Croisées” (Association de Législation Comparée des Pays du Pacifique), pp. 335-372 (2005)
Despite growing recognition of environmental rights in international law, accountability mechanisms for large-scale environmental crimes remain underdeveloped. Looking forward to the 2009 Review Conference of the Rome Statute, Freeland argues for the creation of a discrete category for international environmental crimes—“crimes against the environment”—within the competence of the International Criminal Court. He proposes a preliminary definition for such crimes and examines whether existing ICC frameworks, such as war crimes or crimes against humanity, could encompass severe ecological harm. While the latter approach is not ideal, Freeland acknowledges that it is a more realistic possibility. Whether a new crime will be introduced to the jurisdiction of the Court, or whether environmental harm will be prosecuted in the context of existing crimes, is as much dependent on political considerations as it is on legal ones.
