Literature Review

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In this chapter Moyo addresses an important subject of ecological debt which he argues is owed by both the Global North and the Global East to Africa. Arguing from a capitalogenic perspective, Moyo advances the notion that the ecological debt is a result of the operations of the global agents and beneficiaries of Africa’s resources who have been involved in ecological destruction of the continent for more than 500 years of slavery, colonialism, apartheidism, neo-imperialism, globalisation, and globalism. This critique does not spare the emerging and re-emerging economies of the Global East which are viewed as sub-imperialist not dissimilar to the Western extractivists. Moyo also draws the attention of the reader to the contradictions that are associated with global climate finance which is provided by the Euro-Western states in the form of loans thereby reproducing debt colonialism amid ecological destruction. Moyo stresses that the proposed solutions to climate financing such as green bonds, nature swaps, blue bonds, catastrophe bonds, and nature performance bonds are predominantly techno-managerial and they are pursued within the neo-liberal system which is itself guilty of perpetuating the marginalisation, pauperisation, and subalternisation of Africa and its peoples from the global geoeconomic governance.

This study claims that epistemologies of the North and South hold contradictory perceptions vis-à-vis nature. Studying these perceptions is the interest of this present paper since it argues that Northern epistemologies adopt an objectifying visualization of nature compared with Southern epistemologies which hold an earthly centered and biocentric attitude regarding nature. This paper starts from the belief that nature is indispensable for the existence of Man on this planet and, hence, must be preserved for the coming generations. For epistemologies of the North, the research analyzes the work of Descartes who talked about res extensa and res cogitans, Rousseau who discussed the importance of the social contract in the organization of modern societies and Adam Smith who contributed in the development of capitalism. For epistemologies of the South, it refers to terms like pantheism which claims that God is everywhere, sumak kawsay or Pachamama which consider nature and earth as a mother that cares for her children. Utilizing the comparative approach in critiquing the two epistemologies, the research concludes that epistemologies of the South and the North must interfere and interact to learn from each other. This is very important for the development of knowledge in general and the preservation of nature in particular.

The rising tide of technological progress has led to an increase in technological disasters that harm the environment, prompting global concern. Initially, the response to these disasters was centred on relief and compensation, but the focus has now shifted to preventive measures for environmental protection. Environmental protection involves a multifaceted strategy, encompassing various legal agreements, public engagement, and penalty enforcement. Social and economic consequences are also significant aspects of environmental preservation. Criminal law plays a pivotal role in safeguarding the environment. Environmental and human rights issues often overlap, as human well-being and access to basic needs are linked to the environment's state. Preserving the environment is vital for maintaining acceptable living conditions and safeguarding human rights, which are already covered by international legal frameworks. International criminal liability is closely linked to international humanitarian law and human rights law. After World War II, the Tokyo and Nuremberg Tribunals addressed serious offences, and later developments included the Genocide Convention and Adhoc Tribunals for Rwanda and Yugoslavia, expanding the scope of international criminal liability. This article is separated into two main portions. The initial examines international criminal law from the perspective of environmental protection, while the second explores environmental safeguarding during armed conflicts within the background of international human rights.

Abstract: As the governments of the United States, Russia, and China signal a renewed emphasis on great power competition, tensions among three leading military and nuclear powers are rising. Mounting tensions portend an increase in proxy conflicts, raising concerns about support for possible atrocity crimes of proxies. As states formulate their approaches to great power proxy conflict, they would do well to consider the possibility of their officials facing liability for aiding and abetting atrocity crimes. This paper focuses on aiding and abetting liability under international criminal law through the lens of great power proxy conflict. It argues that proxy conflict among great powers is likely, that it will probably contribute to atrocity crimes, and that states have not taken sufficient measures to ensure they do not contribute to the commission of atrocities. While this paper deals with the United States, Russia, and China, it especially focuses on recommendations and implications for the U.S. government. Section I discusses the rise of great power competition as the driving force in international politics, argues that great power competition will likely manifest as proxy conflict between great powers, and discusses the relationship between proxy conflict and liability for atrocity crimes. Section H analyzes the elements of aiding and abetting liability through the lens of three debates among legal scholars and judges that bear particular relevance for individual liability in the context of proxy conflict among great powers. Section III examines the relationships between the governments of the United States, Russia, and China and the International Criminal Court. The Section then outlines the ongoing legal debate regarding whether the ICC can properly assert jurisdiction over the nationals of those and other non-party states as a matter of customary international law. Section IV reflects on the practical implications of the paper's findings and recommends policies that the United States should adopt in light of those findings.

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This article emphasises the need of improving environmental protection through the application of international criminal law, as described in the International Criminal Court's Rome Statute. After offering a brief summary of how international criminal law treats environmental protection during both times of war and peace, it is clear that the existing system falls short of maintaining effective environmental safeguards. This study contends that there is no compelling reason in international criminal law to regard environmental harm differently depending on whether it happens during war or peacetime. Instead, it indicates that using aneco-centric approach to environmental protection, which priorities the environment overhuman interests, will improve environmental protection more successfully. As a result, thepaper proposes for the Rome Statute to include a new comprehensive and eco-centric international crime targeting environmental harm. The paper then examines previous suggestions for such a crime and provides insights into its distinctive qualities. It focuses on identifying the level of severity necessary for the new crime and defines the fundamental mental state (mens rea) conditions that must be met.

This article examines whether mass deforestation could be prosecuted as a crime against humanity under Article 7 of the Rome Statute. It does so in respect of the situation in the Brazilian Legal Amazon in 2019–2021, where the unbridled exploitation and destruction of the rainforest had a disastrous impact at local, regional and global levels. The article covers three main aspects. First, it explores the existing limits of international criminal law for prosecuting mass deforestation as a crime against humanity, and the contours within which criminalization would be possible. Secondly, it discusses the challenges inherent in the anthropocentric nature of the chapeau requirement of Article 7 for the criminalization of mass deforestation under that provision. Thirdly, it analyses the extent to which mass deforestation could qualify as persecution and/or an ‘other inhumane act’ under Articles 7(1)(h) and (k) of the Rome Statute.

The default position from the African human rights system and domestic environmental human rights regime is that development must not impinge on environmental protection. The inevitable fundamental question is how to build a more resilient and sustainable human-environmental right future for Africa and whether this is achievable in the short- or long-term. Dealing with complex human-development-environmental issues has been the vertex of socio-ecological issues confronting Africa in the 21st century. The use of legal and policy measures to effectively regulate development activity more sustainably could pragmatically give meaning to the rights of vulnerable communities in Africa. Future research could consider the issue of environmental corruption and environmental inequality in Africa to provide conceptual clarity on how corruption and inequality further exacerbate environmental problems and perpetuate poverty in Africa. There is an urgent need to ensure transparency and accountability in the award of mining contracts and licencing to avoid corruption and tension within the mining communities in Africa.

This report provides an overview of existing state practice regarding the criminalisation of ecocide. It outlines three main approaches discernible in state practice: framing ecocide as an atrocity crime; adopting the language ofthe Stop Ecocide Foundation’s Independent Expert Panel’s 2021 ecocide proposal; and criminalising severe environmental destruction without evoking the language of ecocide. It finds that while accountability for ecocide has been elusive, there is reason to believe that we may see more attempts to investigate and prosecute ecocide in future.

This ecocritical study investigates the profound ecological themes embedded in Bapsi Sidhwa's "Ice Candy Man" exploring the intricate layers of environmental degradation and the looming threat of ecocide within the narrative. The narrative unfolds against the backdrop of the partition of India in 1947 providing a poignant portrayal of the silent but pervasive scream of nature as it undergoes destruction and degradation. The aim of this research is to reveal the nuanced interplay between characters and their deteriorating environment shedding light on the threads of ecological crisis interwoven into the novel's fabric. The study uses a qualitative analysis approach and ecocritical perspectives to determine the direct impact on people's lives as well as the subtle degradation of environments. The analysis delves into the intricate relationships between human actions, political turmoil and the resultant ecological devastation illustrating how the characters' lives and the natural environment intertwine. The results highlight the poignant reflection of a global environmental predicament, emphasizing the powerful narrative discourse that urges readers to confront the harsh reality of a planet in peril. By drawing attention to the silent scream of nature reverberating throughout the narrative, the research prompts a heightened environmental consciousness and encourages reflection on the urgent need for collective action. The conclusion emphasizes the narrative's role in prompting reflection on the silent scream of nature, urging a collective recognition of the urgent need for environmental awareness in the face of ecological challenges.

Fifty years after the end of the Second Indochina War, Tuần Andrew Nguyễn’s two-screen video, The Sounds of Cannons Familiar Like Sad Refrains (Đại Bác Nghe Quen Như Câu Dạo Buồn, 2021) juxtaposes U.S. military footage in Vietnam with contemporary documentation of Vietnamese agents unearthing and reburying an unexploded bomb for a controlled detonation in the highlands. I argue that the artwork combines wartime imagery with emotionally charged voiceover, sound and music to give its protagonist—the unexploded ordnance—a “proper burial” after 50 years, situating it within the animist-Buddhist ecological life surrounding it in the rainforest. I conclude by connecting the video to the 2016 fish ecocide of the Formosa disaster and Hoàng Ngọc Tú’s artistic protest of 6,000 face masks printed with images of fish for demonstrators to wear. Both artworks doubt the singular power of atrocity images to spur on political action, offering instead alternative possibilities for public animatedness against socio-environmental violence.