THE LEGAL RECOGNITION OF ECOCIDE: A NECESSARY EVOLUTION IN INTERNATIONAL CRIMINAL LAW

Abstract

The state of the environment, nature and ecosystems is deteriorating daily. There is a serious need to introduce a more stringent legal framework in the area of suppression and punishment of environmental crimes, especially ecocide as a still uncriminalized crime in all legal systems. The purpose of this research is to explain the need for its legal recognition, as well as the evolution in international criminal law. The methodology of this legal research includes a comparative method and a method of analysis of data related to ecocide as a crime against nature. Legal recognition of ecocide would mean liability for corporate and state actors responsible for serious damage to the environment. Determining the scope of ecocide and establishing intent, i.e. guilt, are the key obstacles to its formalization as an international crime. The results of this research should include an analysis of the concept of ecocide, its historical development, current conditions, then the evolution of international criminal law in the area of ecocide and conclusions and recommendations for the future. What is needed is not only legal recognition of ecocide, but also an increase in legal awareness in this area of environmental criminal law, with the goal of establishing the guilt and responsibility not only of individuals, but also of legal entities. Such increased criminal liability would deter them from large-scale environmental destruction. On the other hand, the existing legal frameworks would be further strengthened. The United Nations has recognized ecocide as an urgent issue, with certain of its bodies making efforts to incorporate it into international criminal law. The International Criminal Court as a judicial body faces the challenge of adopting ecocide as the fifth crime under the Rome Statute, while the European Union is considering including ecocide as a crime in the existing Green Deal and the legal framework for environmental justice. It is necessary to recognize such a legal concept that will encompass a wider spectrum of environmental crimes, on the international stage, as is the case with our country, because the environment in which we live should belong to future generations.