International Criminal Law and the Environment: A Few Reflections

Abstract

The article concludes the Special Issue by exploring the role that international criminal law (ICL) could play in the protection of the environment in light of the three core issues covered in the Special Issue: the right to a healthy environment, climate change litigation and Indigenous peoples’ Earth-Centric vision. First, the paper argues that fora applying ICL, including the International Criminal Court, could offer legal avenues to prosecute serious violations of the right to a healthy environment. Second, it alleges that whilst cases involving conducts leading to environmental degradation and destruction could be brought under ICL, ICL could not address the broader impact of such conducts, including on climate change. Third, it discusses the extent to which ICL could incorporate Indigenous peoples’ Earth-centric approach to enhance the protection of the environment.