PROSPECTS OF DETERMINING THE INTERNATIONAL CRIMINAL COURT JURISDICTION REGARDING ECOCIDE

Abstract

The article analyzes the possibilities and the need to determine the jurisdiction of the International Criminal Court on ecocide. The paper considers the essence and core features of ecocide as a crime against humanity under international criminal and environmental law. The author has examined the legislation of the countries that either distinguish this crime or include it in the structure of other crimes. The paper also highlights the conventions prohibiting the use of methods or means of warfare that intend to cause or actually cause severe long-term damage to the environment. The definition of the ecocide, which is no longer connected only to armed hostilities, has been provided according to the findings from a group of international experts. The constituent elements of this definition have been analyzed, namely: needless, severe, widespread, long-term and environment. Emphasis has been placed on the fact that there is a problem with the existing definition of ecocide in the Rome Statute, which links this crime exclusively to the conduct of hostilities. At this point, it would be more reasonable to connect it to the activities of the state, which is not necessarily aimed at achieving military superiority. Therefore, the next step would be to develop a rule on international criminal liability for environmental damage, regardless of the fact of hostilities. It has been stressed that according to national practice, in recent years, law enforcement agencies have initiated a remarkable number of criminal proceedings under Art. 441 of the Criminal Code of Ukraine (ecocide), but failed to bring them to justice due to the shortcomings of the legislation. The blanket character of this norm presupposes the obligation to define the concept of 'environmental catastrophe'. The paper further elaborated on an example of a particular criminal proceeding under investigation of the Security Service of Ukraine. The suspicion was based on the reference to Art. 441 of the Criminal Code of Ukraine and on the facts of air pollution and poisoning of air, water resources and soil, which could lead to an environmental catastrophe. It has been concluded that determining the jurisdiction of the International Criminal Court on ecocide in peacetime will save the planet from destruction.