Published: 2025-05-06

Ecocide: from a war crime to an international crime?

Jonatan Rigo-García
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.5413

Abstract

in response to the relevance achieved in the last decade, this article explores the evolution of ecocide as a legal concept, from its origins to its contemporary status as a potential international crime, with the aim of assessing whether current proposals are viable and legally coherent. Using both historical and black-letter legal approaches, the research traces the reciprocal influence of early ecocide definitions on international humanitarian law, and how the latter in turn contributed to consolidating a particular legal conception of the former. Focusing on the key elements of the currently prohibited threshold of environmental damage during armed conflicts, the study addresses its limitations, highlighting the ambiguities of the terms and their unsuitability for peacetime application. We conclude that while ecocide was ultimately codified as a war crime in article 8.2(b)(iv) of the Rome Statute, its broader recognition as a standalone international crime requires clearer definitions and a reconsideration of the threshold criteria, in this way contributing to advancing the legal understanding of ecocide and its potential as a tool for environmental justice.

Keywords:

ecocide, environmental damage, environmental protection, environmental warfare, Rome Statute

Download files

Citation rules

Rigo-García, J. (2025). Ecocide: from a war crime to an international crime?. The Opole Studies in Administration and Law, 23(1), 97–124. https://doi.org/10.25167/osap.5413
This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.