Ecocide And The Limits Of Anthropocentric International Criminal Law
- IJLLR Journal
- 24 minutes ago
- 1 min read
Mr. Samir Prasad Ram, LL.M., The West Bengal National University of Juridical Sciences (NUJS).
Dr. Rashmi Rekha Baug, Assistant Professor, National Law University, Odisha.
ABSTRACT
International criminal law has traditionally protected the environment only when environmental destruction is connected to human suffering, armed conflict, or attacks on civilian populations. This anthropocentric structure has become increasingly inadequate in the face of contemporary ecological crises. This paper examines the limits of anthropocentric international criminal law through the ICC Office of the Prosecutor’s December 2025 Policy on Addressing Environmental Damage Through the Rome Statute and the Vanuatu-led proposal to introduce ecocide as a fifth core crime under the Rome Statute. It argues that while the OTP Policy represents an important institutional recognition of environmental harm, it remains confined to existing Rome Statute crimes such as genocide, crimes against humanity, war crimes, and aggression. As a result, environmental damage continues to be treated largely as an evidentiary or aggravating factor rather than as an independent legal wrong. The paper further analyses whether the proposed ecocide amendment should be strengthened by incorporating the due diligence standard and erga omnes obligations recognised in the ICJ’s July 2025 Advisory Opinion on climate change obligations. It contends that these principles can help reform the amendment without disturbing the Rome Statute’s framework of individual criminal responsibility. By linking ecocide reform with Global South leadership, particularly the role of Vanuatu and other small island States, the paper argues for a more ecocentric and inclusive future for international criminal law.
Keywords: Ecocide; Anthropocentrism; Rome Statute; Global South.
