Tara Weinstein, Note, Prosecuting Attacks That Destroy the Environment: Environmental Crimes or Humanitarian Atrocities? 17 GEO. INT’L ENVTL. L. REV 697 (2005)
This section of the note questions the extent to which the ICC or ad hoc criminal tribunals could adequately respond to environmental harm and the value of attaching individual criminal responsibility for environmental damage under the current international criminal legal system. Weinstein provides an overview of the existing conceptions of environment and geocide, environmental crimes against humanity, environmental war crimes, and aggression and the environment. She argues that there is “considerable scope” for amending the existing core international crimes of the Rome Statute to include explicit prohibitions on environmental damage, focusing on war crimes as an “illustrative case study.” In amending the Rome Statute to carve out environmental war crimes, Weinstein advises that the ICC should lower the thresholds of harm in the existing war crimes provision and make a provision that extends to situations of non-international armed conflict.