Waging War on the Environment itself? In Search of the Crime of “Ecocide"

Abstract

This article examines the historical development and contemporary legal conceptualisation of ecocide as a potential fifth international crime under the Rome Statute. The origins of the debate can be traced to the environmental devastation caused during the Vietnam War, which led to the coining of the term “ecocide” in 1970 and highlighted the need for international criminal protection of the environment. The study reviews the relevant work of the International Law Commission, the environmental provision ultimately incorporated into the Rome Statute, and the shortcomings of the existing legal framework. Particular emphasis is placed on the proposal of Polly Higgins (2010) and on the definition formulated in 2021 by the Independent Expert Panel for the Legal Definition of Ecocide, which advocated the recognition of ecocide as an autonomous international crime. The article further examines national and supranational approaches to criminalisation, with reference to Vietnam, Ecuador, France, Belgium, and European Union law. It concludes that the principal challenge lies not in identifying serious environmental harm, but in developing a clear, coherent, and operational criterion of criminal wrongfulness capable of justifying international criminal liability.