Author: Isabel Lettner
Abstract
This study addresses the research question: How can an ecocentric perspective inform a comprehensive analysis of Ecocide as a War Crime within the Rome Statute?
The research focuses on evaluating Article 8(2)(b)(iv) of the Rome Statute, probing how an ecocentric perspective can be seamlessly integrated into the development of environmental protections during armed conflicts. An interdisciplinary approach is adopted, drawing from legal and ecological scholarly journal articles and master dissertations. The research contends that integrating environmental norms into ICL frameworks is imperative for addressing contemporary environmental challenges. A critical examination of Article 8(2)(b)(iv) RS reveals inherent limitations, particularly concerning the need for more consensus in interpreting its definitions, thereby impeding its efficacy.
The research also explores the disproportionate application of the Anthropocene paradigm within ICL frameworks, evaluating its inadequacy in addressing environmental protections. In response to the research question, the ARP proposes a two-fold approach. Firstly, recognising Nature’s inherent rights is posited as a catalyst for evolving the principle of humanity enshrined in the Rome Statute, fostering a more inclusive environmental framework. Secondly, the ARP suggests that insights from Indigenous ideologies can guide the comprehensive application of ecocentric perspectives within the Rome Statute.
In conclusion, the ARP advocates for the seamless integration of ecocentric perspectives into ICL frameworks, emphasising the urgency of adapting legal structures to address environmental challenges effectively during armed conflicts.
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