Rethinking Ecocide: Reimagining Environmental Protection Through The Recognition Of Ecocide Into National & International Criminal Jurisprudence
- IJLLR Journal
- 51 minutes ago
- 2 min read
Shiv Jani & Aryan Teotia
ABSTRACT
Amidst the global advent of rapid climate change, there has been an increasing advocacy on the world stage in recent times to recognize ecocide as a crime. Currently, ecocide is recognized as a crime in 12 countries, and it is being considered in 27 other countries. The discussion on ecocide has gained significant popularity after the constitution of the Independent Expert Panel in 2021 for the Rome Statute amendment, whose recommendations have been critically analysed. The jurisprudential personhood of the environment as a victim has been explored with differing meanings associated with the term ‘victim’ under the International Criminal Court (ICC) Rules of Procedure has been explored. From the Bhopal Gas Tragedy to the Sterlite copper plant catastrophe, India continues to experience severely egregious ecological devastation despite having extensive environmental legislation, with offenders usually escaping liability. In order to ascertain if India's current legal system is enough for deterring and penalising ecologically disastrous activities, the study reviews the country's laws, including the Environmental Protection Act of 1986, the Indian Penal Code, and disaster management statutes. Even tragedies such as the slow sinking of Joshimath have been discussed extensively with various instances potentially falling under the bracket of ecocide emanating right from the Vietnam War and the Chernobyl incident to the recent Californian fires. This paper investigates the normative and legal feasibility of introducing ecocide as a criminal offense under Indian law. The research examines whether India's existing environmental and criminal liability regimes adequately align with emergent international obligations, particularly those stemming from the Rome Statute’s proposed ecocide amendments, the International Law Commission’s Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the Stockholm+50 Declaration, recommendations of the Independent Expert Panel on Ecocide et cetera.
The paper further conducts a comparative study of India with different countries such as France, the Philippines, Latin American countries et cetera adopting legislations such as these. While achieving international consensus on the precise wording of a definition clarifying the scope and extent of ecocide as a fifth international crime under the Rome Statute may be arduous and uncertain, this paper attempts to contend with the idea of ecocide being assimilated into Indian legislation. Differing thresholds of mens rea and actus reus to constitute Rome Statute level crimes have been considered as well. The paper attempts to analyse the efficacy of the strict liability and absolute liability principles in light of ecocide. The paper concludes with actionable policy recommendations calling for a legislative, institutional, and organizational overhaul, including but not limited to prosecutorial reforms, corporate liability, liability against public officials and individuals, and potentially creating specific independent environmental prosecutorial agencies. The paper advocates for international recognition of ecocide, as well as the creation of an enforceable ecocide doctrine that reconciles national constitutional commitments under articles 48A and 51A(g), as well as international responsibilities. The recommendatory proposals are ultimately framed within the lens of environmental justice, intergenerational equity, and rightful victim compensation. The paper adopts a doctrinal research methodology throughout.
Keywords: ecocide, liability, comparative environmental law, Rome Statute, environmental disaster
