Crimes against the environment : a role for the International Criminal Court

This paper argues that significant environmental destruction during the course of armed conflict should attract criminal responsibility, particularly where the damage threatens the lives of specifically targeted populations. The paper then discusses a previous situation where the issue of international criminal responsibility for environmental damage was considered (though eventually not initiated) and explains how, at least under current intemational law principles as reflected by state practice, any criminal responsibility is limited to individuals. It proposes that a new crime, "crimes against the environment", should be included within the competence of the recently established International Criminal Court (ICC) and sets out a preliminary working definition of the crime. However, since this may not be politically acceptable, at least within the short-medium term, the paper then considers whether, and to what extent, environmental crimes may fall within the existing competence of the ICC.