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The threat of anthropocentric environmental harm grows more pressing each year. Around the world, human activities are devastating the natural environment and contributing to potentially irreversible climate change. This book explores the ways in which the International Criminal Court may effectively prosecute those who cause or contribute to serious environmental destruction. Written by an international lawyer who has prosecuted cases of war crimes, crimes against humanity, and genocide, it provides insights into the procedures, laws, and techniques capable of leading to convictions against those who harm the environment.
An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.
A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved. 'The purpose of international law has developed far beyond regulating relations between States, and has increasingly extended to prohibit conduct or activities with very harmful effects to the international community as a whole, and on individuals. One such prohibited conduct is the intentional and wanton destruction to the natural environment during armed conflict. Professor Freeland, in this book, has painstakingly and in a sophisticated manner recommended how individuals committing such a crime could be brought within the jurisdiction of the International Criminal Court in The Hague. It is highly recommended.' Abdul G. Koroma, former Judge, International Court of Justice 'Whilst international law has made significant strides in regulating the conduct of armed conflict, there is increasing concern about the environmental impacts of warfare. Deliberate environmental destruction can have devastating effects on present and future generations; yet, in terms of international criminal law, there has been relatively little by way of progress to deter such acts. This book is therefore extremely timely and presents a comprehensive and thought-provoking perspective as to why and how this concern could be addressed. With its insightful analysis, the book will undoubtedly stimulate further debate in this area, and is highly recommended to all those concerned with the impact of armed conflict on the natural environment.' Erkki Kourula, Judge, International Criminal Court (Appeals Chamber) 'Steven Freeland argues in favor of adding crimes against the environment to international law and to the jurisdiction of the International Criminal Court. His writing is pragmatic, skillful, and also full of heart. His is the most convincing argument for a proposition well ahead of its time. His book is a must-read. Freeland's research is compendious, his view clear-eyed, and his style gifted. Freeland's book, however, transcends environmental protection. He is among the fore-runners when it comes to thinking creatively about the sources of violence, insecurity, and instability in the international order. Yet, all the while, he retains the wisdom not to posit law as rapture saving us from collective rupture.' Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University
This book provides a comprehensive introduction to and overview of eco-global criminology. Eco-global criminology refers to a criminological approach that is informed by ecological considerations and by a critical analysis that is global in scale and perspective. Based upon eco-justice conceptions of harm, it focuses on transgressions against environments, non-human species and humans. At the centre of eco-global criminology is analysis of transnational environmental crime. This includes crimes related to pollution (of air, water and land) and crimes against wildlife (including illegal trade in ivory as well as live animals). It also includes those harms that pose threats to the environment more generally (such as global warming). In addressing these issues, the book deals with topics such as the conceptualization of environmental crime or harm, the researching of transnational environmental harm, climate change and social conflict, threats to biodiversity, toxic waste and the transference of harm, prosecution and sentencing of environmental crimes, and environmental victimization and transnational activism. This book argues that analysis of transnational environmental crime needs to incorporate different notions of harm, and that the overarching perspective of eco-global criminology provides the framework for this. Transnational Environmental Crime will be an essential resource for students, academics, policy-makers, environmental managers, police, magistrates and others with a general interest in environmental issues.
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Provides a key textbook on the nature of international and transnational crimes and the delivery of justice for crime control and prevention.
A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war.
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.