Towards a “Green Turn” in Transitional Justice: The Contribution of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCSL), and Colombia’s Special Jurisdiction for Peace (JEP) in the Recognition of

Camila Santamaría (France/Colombia)

The article examines the consideration of environmental attacks in transitional justice through three jurisdictions: the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCSL) and the Special Jurisdiction for Peace in Colombia (JEP). While the ICTY addressed the issue of environmental damage in a limited manner by requiring a high threshold of severity, and the SCSL mainly considered the exploitation of natural resources as a factor in financing and prolonging the conflict, the JEP represents a major step forward. It recognizes nature and territories as subjects of law, admits their representation by indigenous authorities, qualifies certain acts as war crimes against the environment and provides reparations for non-human victims. The article highlights this “green turn” in transitional justice, which opens the way to an ecocentric and innovative approach to international law.