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Ecocide: A New Chapter In International Criminal Law




Aranya Sen, National Law University, Odisha

Dibyasha Swain, National Law University, Odisha


ABSTRACT


The environment remains one of the rare elements in our world that impacts every individual, regardless of their socioeconomic status or age. Environmental disasters place all individuals in a position of vulnerability, although the repercussions may vary among different groups. Humanity relies on the climate for a reliable supply of food and water, which are essential for survival. This paper examines the potential consequences of criminalising ecocide, thereby transforming environmental protection into not only a moral and ideological duty but also a legal requirement.


Ecocide can be briefly described as any intentional act done with the knowledge that it can cause widespread environmental damage. One of the most important results of criminalising ecocide is that it will lead to state liability for the destruction of the environment. To understand the current context and requirement of these laws, we need to understand the gradual evolution of environmental statutes and connect it with the increasing level of environmental degradation, this has been explained in detail in this research article.


This paper explores the idea of codifying criminal laws for ecocide and explains the few but already established international laws regarding ecocide. The objective of this paper is to establish the accountability of individuals, states and corporations for the destruction of the environment.


India has certain laws that criminalise environmental degradation, but these laws have to be urgently updated and reviewed. This paper also delves into the intricacies of the current laws and suggests reforms that can be implemented to make environmental laws relevant in the current era of modernisation.


Keywords - Criminalizing Ecocide, Criminal Liability, State Liability, Environmental Protection, Indian laws, International laws.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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