Victor Tsilonis, Ecocide: The Emergence of a New Crime Within the Jurisdiction of the International Criminal Court? In ‘The Jurisdiction of the International Criminal Court’ (Springer), pp. 265–297 (Feb. 2024)

The Chernobyl Nuclear Disaster (1986), the Exxon Valdez Oil Spill (1989), and the Kakhovka Dam destruction (2023) epitomise infamous ecocides, overshadowing countless lesser-known yet equally significant ecocidal incidents. The critical role of a healthy environment in ensuring human survival and progress underscores the necessity of addressing ecocide as a potential threat to human civilisation’s long-term survival. In response to this growing concern, in June 2021 an Independent Expert Panel, initiated by Stop Ecocide in June 2021, comprising 12 specialists, proposed a legal definition of ecocide. Nevertheless, this definition garnered criticism from various quarters, including prominent academics and legal experts such as Kevin Jon Heller, Kai Ambos, Michael Karnavas, and Matthew Gillett. Subsequently, alternative definitions emerged from different groups, notably the Promise Institute for Human Rights (UCLA) Group of Experts and scholars, including Matthew Gillett. This chapter scrutinises the discussions around the undeniable need for a redefined concept of ecocide. It illustrates that while the other proposed definitions of ecocide may be more in accordance with legal principles (de lege artis), there is substantial room for improvement. Not only should the definition of ecocide be more explicit, but it should also contain as few lacunas as possible to anticipate any future occurrences. In this vein, Victor Tsilonis proposes an innovative definition of ecocide, aiming to fill existing gaps in the legal understanding of this crime. The chapter concludes that considering the International Criminal Court’s constraints in terms of financial, structural, and human resources, as well as its mandate prescribed by the Rome Statute and overseen by the Assembly of States-Parties, a compelling case can be made for the establishment of a new, specialised international legal institution: the International Criminal Court for the Protection of Environment” (ICCPE). This proposed institution would be specifically tailored to tackle the complex and thus far neglected crime of ecocide, providing a dedicated framework for addressing environmental destruction on an international scale.