T.M.C. Asser Institute: Environmental Harm and International Criminal Law

The year of 2022 marked the 50^th anniversary of the 1972 Stockholm Declaration, which recalls that: 

‘man’s capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment.’

With the threat of anthropogenic harm becoming clearer each year, it is imperative to explore legal means to tackle serious damage to the environment. The International Criminal Court (ICC) has signaled that it will place emphasis on prosecuting the most egregious incidents of environmental destruction. Experts have suggested adding the crime of ecocide to the court’s statute. However, the ICC is subject to jurisdictional limits that restrict its ability to adjudicate ecocentric cases.

Against this backdrop, the panel will discuss the possibility of using judicial proceedings to establish responsibility for serious environmental harm (including ecocide) under international criminal law.