International Ecological Criminalization

Document Type : Original Article

Authors

1 PhD student in International Law

2 Associate professor at Islamic Azad University, Isfahan Branch

3 (Associate professor at University of Isfahn

Abstract

A





long with the development of international law in both criminal and environmental fields, the concept of ecosystem/ ecocide/ geoside was also invented and used by thinkers. This concept, which focuses on widespread, long-term, and severe environmental damage, has been the subject of much debate and theorizing in recent decades and has been limitedly recognized in the ICC Articles of association as an example of war crimes. In addition, the Statute of the Court has the ability to identify some instances of ecosystem as tools for crimes against humanity or genocide. However, for reasons such as the different nature of environmental crimes and the lack of full coverage of ecosystem cases by the statute, it is necessary for this concept to be recognized as an independent crime and internationally criminalized. This research by using descriptive-analytical method seeks to justify the reason for this criminology and to state the reasons for its necessity and to examine the challenges facing it and to provide solutions in this field. Today, it can be argued that conflicting ecosystems is one of the fundamental global values and one of the universal international obligations, the criminalization of which has become necessary and inevitable at the international level.

Keywords

Criminal Law Doctrines
Volume 17, Issue 19 - Serial Number 19
January 2020
Pages 273-304

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