ICL and Environmental Protection Symposium: The Environmental Crisis–Cases for ‘Particular Consideration’ at the ICC

Jun 1, 2020 | Richard J. Rogers
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In a world consumed by the pandemic, it is easy to forget an even greater threat facing mankind – the environmental and climate emergency. The UN Secretary-General is keen to ensure this remains top of the agenda: “There is another deep emergency — the planet’s unfolding environmental crisis.  Biodiversity is in steep decline.  Climate disruption is approaching a point of no return. We must act decisively to protect our planet from both the coronavirus and the existential threat of climate disruption.”

If anything, the pandemic has exposed both the risks and the opportunities that flow from our globalised world. It is frightening how quickly local issues evolve into regional then global concerns. But it is also comforting how states, industry and civil society can pull together when faced with a crisis (with a few notable exceptions). So, what are the opportunities, if any, for international criminal law practitioners to make a difference to the‘unfolding environmental crisis’ through the International Criminal Court? Can we ‘act decisively’ under the current legal architecture, or must we wait for a new international crime of ‘ecocide’?