Environmental Law Review Example

Further, ICC judges should be heartened to value environmental damage more seriously, thus placing larger emphasis on the “environment “aspect of the proportionality scale. Though, this measure may not result in offering a lasting solution to the issue, it would at any rate render environmental war crimes less difficult to prosecute. The Article 8(2) (b) (iv) of the Rome Statute symbolizes a noteworthy advance for international law.

The Article is the first of its kind which has identified that damage to the environment caused by the unwarranted military attacks should be prohibited even though the damage does not inflict harm to human interests and the only effective deterrent for such heinous actions is by fixing individual criminal responsibility. This Article should be made applicable to extend protection to nonhuman environment both in international as well as internal conflicts also.

Further, there are criticisms from some corners that whether ICC is a right forum for deliberating environmental war crimes. ICC is no doubt is the right forum which has been toothed with power to punish environmental damages in case of armed conflict on international level. Due to existence of some glaring lacuna in the Article 8(2) (b) (iv) as discussed in this research , it is suggested that this Article is to be amended to offer real protection against the environmental damage that always go together with a war.

References

Type your references on this page. As you can see from this paragraph, using the “References” formatting option creates a hanging indent for each paragraph. Lawrence, Jessica C and Heller, Kevin Jon. [2007]. First Ecocentric Environmental War Crime: The Limits of Article 8 [2] [b] [iv] of the Rome Statute, Georgetown International Environmental Law Review, 1-27.