CRIMINALITY OF ECOCIDE AND ENVIRONMENTAL LAWS: A CASE OF LEGISLATIVE INTERVENTIONS

Abstract

More than the previous century, the destruction caused on environment potentially has been the highest in last decade or so. A report by United Nations Environment Programme (UNEP) places it as the fourth-largest criminal operation in the world, just after counterfeiting, human trafficking, and drug smuggling. It is very recent that environmental damage is treated at par with a criminal activity, and with the looming crisis of climate change, it is now, more than ever that criminality of ecocide should be looked into. But it is not an easy process since the contrast between crime and damage highlights a persistent dilemma for criminology, whether to limit its focus just on legally recognized offences or delve into activities that are legal but its effects are negative and needs to forbidden. For the longest time, violations of law are dealt with but lawful degradation is brushed off with moral derangement but it derails the future whose basis is in environment. With the support of an internationally enforceable legal framework, these crimes and harms need to be addressed through both informal and official modes of settlement and restitution. This paper explores ecocide as a new challenge for the existing regulatory framework and recommends new legislative interventions.