Beyond Symbolism

Abstract

In September 2016, the International Criminal Court (ICC) Prosecutor issued a new policy paper detailing the Office of the Prosecutor's (OTP) priorities for case selection and prioritization, including giving a 'particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land'. This new commitment of the OTP in fighting environmental devastation has been received enthusiastically by civil society and alleged victims. Indeed, few would disagree that protecting the environment against harmful conduct and conserving the world's natural resources are some of the most compelling challenges faced by the international community. Further, the negative impact of environmental destruction on human rights, and peace and security, is a matter of concern for many international institutions, including the United Nations Security Council. This article considers the merits and limits of prosecuting environmental destruction before the ICC. It contends that the significance and practical implications of the OTP's green shift ought to be appreciated against the constraints posed by existing criminal provisions (which have already received attention in the literature) and, more significantly, factual and structural challenges that have been more peripheral in the academic debate. Accordingly, the article suggests possible ways to overcome some of these obstacles. The article concludes by reflecting on the necessity to strike a balance between the OTP's commendable policy shift, victims' and environmental activists' expectations, and the ICC's possible contribution to 'environmental justice'.  Ph.D. Candidate, Faculty of Law, National University of Singapore. This article draws from the ongoing research for my doctoral dissertation, under the supervision of Assistant Professor Cheah Wui Ling. I am thankful to the anonymous reviewers for their thoughtful comments. Errors and omissions remain my own.

Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia

“…So that crime as a means of environmental law enforcement can encourage the birth of environmentally sound business activities, criminal prosecution should be directed at employees as physical perpetrators and in acts of environmental pollution or destruction (Cusato, 2017). Illegal acts should also be directed at those who control and determine the company's running, namely managers and managers.…”

The Fifth International Crime: Reflections on the Definition of “Ecocide”

“…43 The term "ecocide" was coined by Arthur Galston, a plant biologist, who asked the international community to come together against ecocide. 44 This idea was developed by Richard Falk in 1973 who proposed an International Convention on the Crime of Ecocide. 45 Falk considered that the environmental damage resulting from the Vietnam War was so significant that it presented "a target of opportunity comparable to Nuremberg" for outlawing environmental destruction during wartime.…”

“…63 The IEP has also addressed another problem with Article 8(2)(b)(iv) Rome Statute, namely, that the terms "severe," "widespread" and "long-term" were nowhere explained in the Statute or the Elements of Crimes. 64 This vagueness presents a challenge for the ICC prosecution in terms of determining what harm meets the damage threshold and merits the initiation of criminal proceedings. 65 The IEP's Article 8ter, thus, makes an important contribution by providing detailed definitions of the terms in question: b.…”

Visions of Damietta: St. Francis, Robert Grosseteste, and the Crusades, 1219–1253

“…25 Whatever the ultimate intention of the dialogue, the outcome produced negligible results for the crusading army, and Francis returned from the Holy Land in September of 1220. 26 The misfortune that did indeed befall the Christian army at Damietta in August 1219 has been 20 Cusato,"Healing,[11][12][13][14][15]and 27. 8 described by James Powell as "a disaster that fully justified the prediction of Francis." 27 Negotiations between the two armies began but the favourable terms offered by al-Kamil were rejected, and a stalemate ensued.…”