A Tale of Two Definitions: Fortifying Four Key Elements of the Proposed Crime of Ecocide (Part I)

Jun 20, 2023 | Matthew Gillett
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This two-part post addresses four facets of the Independent Expert Panel‘s (“IEP”) 2021 proposed definition of Ecocide and contrasts them with the corresponding elements of the definition of Ecocide (reproduced here) proposed by the Author in his book: “Prosecuting Environmental Harm before the International Criminal Court”. Part 1 examines the IEP’s lack of enumerated underlying crimes and its framing of Ecocide as a crime of endangerment. Part 2 examines the IEP’s use of the term “wanton” and its approach to the element of “lawfulness”. This comparative analysis is designed to fortify pivotal elements of the definition of crime of Ecocide.