Exploring representations of climate change as ecocide: implications for climate policy

Abstract

ABSTRACT This paper explores whether, to what extent and in what ways climate change is represented as ecocide in scholarly literature. Premised upon a historical materialist lens utilizing the world systems theory and the concept of the Capitalocene, and by means of conducting a scoping literature review, the paper finds there is an increasing trend of climate change representation as ecocide. It also identifies several key themes that emerge in scholarly representations, including the growth-driven global capitalistic and nation-state system that perpetuates carbon criminals, anthropocentric ethics, and environmental and social harm and injustice, and the feasibility and appropriateness of an international crime of ecocide. The analysis suggests that while not likely to catalyze fossil phase-out and expedite the global energy transition decisively, the criminalization of ecocide could fortify the climate policy toolbox via the prospect to report cases to the International Criminal Court, the issuance of warrant arrests by the ICC, and EU’s criminalization of substantial environmental damage and potential externalization of its criminal code. The significance and originality of this article lies in the generation of robust empirical evidence, the mapping of representations of climate change as ecocide, and a comprehensive analysis of the practical, ethical and legal complexities surrounding a law of ecocide and its implications for global climate policy. Key policy insights Representations of climate change as ecocide focus on the global capitalistic and nation-state system that perpetuates carbon criminals, anthropocentric ethics, and environmental and social harm and injustice. An international law of ecocide will challenge both fossil-based and energy transition practices. The power of the state-corporate nexus and the socio-economic benefits emanating from acts that contribute to climate change weaken the case for and undermine the potential effectiveness of an international crime of ecocide. While not a panacea, the criminalization of ecocide can add to the climate policy toolbox via building the momentum for more states to adopt relevant domestic legislation, the prospect to report cases to the ICC, the issuance of warrant arrests by the ICC, and EU’s criminalization of substantial environmental damage and potential externalization of its criminal code.