Crimes against the environment in international law as a form of human rights violation

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Authors: N. H. Shashuryna
Cited by: 0

Abstract

The article is devoted to the analysis of crimes against the environment in international law as a form of violation of human rights, with an emphasis on their criminal-legal qualification and the evolution of the norms of liability. The key international legal instruments are considered: Additional Protocol I to the Geneva Conventions, the Rome Statute of the ICC, the Aarhus Convention. The concept of ecocide, its interpretation in the Explanatory Report to the Council of Europe Convention for the Protection of the Environment through Criminal Law, as well as the discussion on the shift from anthropocentrism to ecocentrism in international criminal law are analyzed. Particular attention is paid to the relevance of the topic in the context of full-scale aggression against Ukraine from 2022, where massive environmental damage is qualified as war crimes and potential ecocide. A comparative analysis indicates the progress of the environmentalism of criminal law: from limited protection of the environment as a civilian object to the prospects of recognizing ecocide as a separate international crime. The proposal of Vanuatu, Fiji and Samoa to include ecocide in the Rome Statute is under consideration by the Assembly of States Parties to the ICC and may be a step towards strengthening responsibility for the massive destruction of nature, regardless of direct harm to people. The results of the study indicate the need to improve international standards. It is noted that environmental crimes are not only ecological, but also gross violations of fundamental human rights to a healthy environment, which requires a comprehensive approach to prevent impunity. For Ukraine, active promotion of international recognition of ecocide, integration of the principles of the Rome Statute into national legislation, and use of frozen Russian assets to compensate for environmental damage are recommended.

Fields of Study & Subjects

International Law and Human Rights International Environmental Law and Policies Environmental law and policy

Publication details

Journal / source
Analytical and Comparative Jurisprudence
Volume
3
Issue
1
Pages
283–287
Publication date
4 March 2026
Language
EN