Abstract
The paper examines the status of ecocide as a crime in international law with a view to proposing that the causing of widespread, long-term and severe damage to the natural environment should be recognised as a crime called ecocide. In this regard, it is observed that ten States have recognised and codified in their Penal Criminal Codes and none of these States with ecocide law includes a test of intent; this makes ecocide more legally effective as a crime of strict Liability. It is observed that ecocide was originally part of the draft Code of Crimes against the Peace and Security of Mankind that birthed the Rome Statue but was eventually withdrawn because of the opposition of certain militarily and economically advanced States which wield great influence in global power politics and ore also behind the deadly environmental pollution in some weak and voiceless nations. It, however. exists in international law only as war time crime as codified in Article 8.2.b.iv of the Rome Statute. It is recommended, therefore, that ecocide should be included in the Rome Statute as the fifth Crime Against Peace by amendment thereby bringing it under the jurisdiction of the International Criminal Court. The study recommends the enactment and codification of ecocide (devoid of a test of intent) as law in Nigeria (as well as other States which are yet to criminalise ecocide), since it can be a potent and effective measure to address the life-threatening condition of environmental pollution. especially in the Niger Delta.
Recommended Citation
Okwrzuzu, Gaius Emamuzou
(2015)
"Revivification of Efforts to Criminalize Ecocide in International Law: Emerging Trend,"
National Law School Journal: Vol. 13:
Iss.
1, Article 3.
Available at:
https://repository.nls.ac.in/nlsj/vol13/iss1/3