Ecocide on Trial: Redefining International Criminal Law in the face of Planetary Crisis

  • Unique Paper ID: 197033
  • Volume: 12
  • Issue: 11
  • PageNo: 5566-5571
  • Abstract:
  • The proposal to recognize ecocide as the fifth core crime under the Rome Statute of the International Criminal Court (ICC) marks a transformative moment in the evolution of international criminal law. In September 2024, Pacific Island states including Vanuatu, Fiji, and Samoa formally advanced an amendment to Article 5, alongside a proposed Article 8(1)(k), defining ecocide as the intentional or reckless large-scale or systematic destruction of ecosystems resulting in severe and widespread or long-term harm. As of early 2026, the amendment remains under consideration within the Assembly of States Parties (ASP), facing significant procedural and political hurdles under Article 121 ratification requirements. This paper examines the legal viability, normative foundations, and geopolitical implications of codifying ecocide as a standalone international crime. It analyses the proposed definitional thresholds severity, scale, intent and evaluates concerns regarding vagueness, jurisdictional overreach, and selective enforcement, particularly in relation to major non-States Parties. The study further considers the ICC Prosecutor’s interim strategy of prosecuting environmental destruction under existing crimes, including war crimes provisions addressing excessive environmental damage. Ultimately, the paper assesses whether formal recognition of ecocide would meaningfully advance climate accountability and planetary justice, or whether it risks symbolic expansion without enforceable impact within the current international legal order.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{197033,
        author = {Aathira Mannath},
        title = {Ecocide on Trial: Redefining International Criminal Law in the face of Planetary Crisis},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {5566-5571},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=197033},
        abstract = {The proposal to recognize ecocide as the fifth core crime under the Rome Statute of the International Criminal Court (ICC) marks a transformative moment in the evolution of international criminal law. In September 2024, Pacific Island states including Vanuatu, Fiji, and Samoa formally advanced an amendment to Article 5, alongside a proposed Article 8(1)(k), defining ecocide as the intentional or reckless large-scale or systematic destruction of ecosystems resulting in severe and widespread or long-term harm. As of early 2026, the amendment remains under consideration within the Assembly of States Parties (ASP), facing significant procedural and political hurdles under Article 121 ratification requirements.  
This paper examines the legal viability, normative foundations, and geopolitical implications of codifying ecocide as a standalone international crime. It analyses the proposed definitional thresholds severity, scale, intent and evaluates concerns regarding vagueness, jurisdictional overreach, and selective enforcement, particularly in relation to major non-States Parties. The study further considers the ICC Prosecutor’s interim strategy of prosecuting environmental destruction under existing crimes, including war crimes provisions addressing excessive environmental damage. Ultimately, the paper assesses whether formal recognition of ecocide would meaningfully advance climate accountability and planetary justice, or whether it risks symbolic expansion without enforceable impact within the current international legal order.},
        keywords = {Ecocide, International Criminal Court (ICC) Rome Statute Amendment Climate Accountability International Criminal Law},
        month = {April},
        }

Cite This Article

Mannath, A. (2026). Ecocide on Trial: Redefining International Criminal Law in the face of Planetary Crisis. International Journal of Innovative Research in Technology (IJIRT), 12(11), 5566–5571.

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