Literature Review

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.

This chapter engages Yanomami shaman Davi Kopenawa’s and French anthropologist Bruce Albert’s monumental The Falling Sky in the light of recent battles around the environment in the Amazon, particularly the building of the Belo Monte hydroelectric dam. I reconstruct this major blow suffered by the Xingu River from political, ecological, and juridical points of view before presenting an account of Kopenawa’s counter-ethnography of what he calls ‘the merchandise people,’ i.e. our own Western civilization. I go on to offer some conclusions regarding the alternatives offered by The Falling Sky to the anthropocentric and highly destructive paradigms of relating to the Earth favoured by Euro-Brazilian and Euro-American societies.

Ecocide, the rampant destruction of ecosystems, poses an drawing close danger to worldwide biodiversity and the delicate equilibrium of Earth's ecosystems. This look at delves into the profound impact of ecocide on biodiversity, elucidating the way it disrupts ecosystems, drives species extinction, and undermines the resilience of herbal habitats. Enforcing both countrywide and international laws in opposition to ecocide faces huge demanding situations, from jurisdictional complexities to the absence of clear felony frameworks and strong enforcement mechanisms. The paper meticulously examines those hurdles, emphasizing the imperative for strengthened criminal mechanisms and enhanced international cooperation to keep perpetrators of ecocide accountable. The repercussions of ecocide amplify past on the spot atmosphere destruction, starting up a cascade of environmental degradation that affects interconnected ecosystems and species. Recognizing this elaborate interconnectedness is vital for devising strategies to save you and mitigate the far-accomplishing affects of ecocide. Effecting transformative exchange demands a holistic technique to ecocide advocacy, spanning grassroots mobilization, policy advocacy, company duty, and public consciousness campaigns. A strategic roadmap for advocacy endeavors is delineated, emphasizing the vital role of collaborative efforts among governments, non-governmental organizations, and civil society in riding systemic trade and safeguarding our planet from the perils of ecocide. In end, this take a look at underscores the pressing imperative to confront ecocide as a pressing environmental disaster, emphasizing the interconnectedness of ecosystems, the bold barriers to prison enforcement, and the urgent necessity of galvanizing collective movement to hold biodiversity and secure the future of our planet.

In the past decades, environmental displacement has emerged as a pressing global challenge, driven by climate change, environmental degradation, and resource depletion. Studies estimate that up to 1.2 billion people could be displaced, internally or across international borders by 2050, due to climate change and natural disasters. In light of this displacement reality, largely resulting from human activity, the international community must ensure that these vulnerable populations are not left behind. While the consequences of this phenomenon are increasingly evident, the absence of adequate legal frameworks under international refugee law for individuals facing environmental displacement poses a significant threat to their most basic human rights. The inadequacy of international human rights law, humanitarian law and environmental law in addressing these gaps advocates for the identification of new ways to protect environmental refugees. While the best alternative still remains to establish international legal protection for persons internally displaced and displaced across international borders through a new instrument, this recourse seems a long way off given the timeframe required to negotiate and implement such an instrument. The central research question revolves around the relevance of recognising ecocide in guaranteeing the rights of individuals at risk or victims of environmental displacement. Acknowledging environmental changes as a global crisis with profound societal implications to be urgently addressed, the study introduces the concept of ecocide as a potential legal remedy preventing the violation of the right to a safe, clean, healthy and sustainable environment. It establishes a foundation by tracing the historical development of ecocide and its emergence as a response to escalating environmental challenges. Drawing on the analysis of international law sources, the research identifies areas where ecocide law could create additional obligations on States and private actors, notably to tackle the root causes of environmental flight situations. Contributing to anchoring ecocide discourse in the human rights field, the study emphasises the relevance of ecocide in opening reparative avenues available to redress the harm suffered by victims of environmental flight. By recognising ecocide as a distinct crime, the legal framework can establish accountability for the perpetrators, who by their careless activities triggered environmental changes, fostering a more proactive approach to environmental protection and mitigating the impacts on vulnerable communities. Considering the transnational threat that environmental changes represent, the thesis underscores the need for a multi-jurisdictional approach, advocating for recognising ecocide at the national, regional, and international levels. This approach, while compensating for the inherent organisational and jurisdictional obstacles of the International Criminal Court, would ensure complementarity among different legal systems, enhancing efficiency and facilitating a more comprehensive response to ecocide cases. By calling for more political will and urgent actions to tackle environmental changes and their consequences on human mobility, the thesis envisions a future where ecocide is universally acknowledged and combated as a means to safeguard our planet and its inhabitants on the lands they have chosen.

Towards the end of 2021, Western media and intelligence sources showed satellite and intelligence photographs of Russian military activity on the border with Ukraine, which were published in the press. Russia was increasing and massing its military forces along the border

The article analyzes the recognition of ecocide as a crime by judicial institutions. Ecocide still has not re-ceived a well recognized definition. However, the proposal to acknowledge ecocide as an international crime developed by the Independent Expert Panel for the Legal Definition of Ecocide, as well as the recognition of environmental crimes similar to ecocide as set out in the Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law, should be highlighted and ana-lyzed. The purpose of the study is to analyze the impact of new approaches to the crime of ecocide on the practice of environmental courts and tribunals. By the application of general and specialized research meth-ods, the author identifies possible changes in the jurisprudence of already existing judicial institutions, as well as the likelihood of the emergence of international courts and tribunals dedicated to separate cases of ecocide. The article concludes that new approaches to the definition of ecocide may lead to further development of in-ternational environmental law and national environmental law of the Republic of Kazakhstan, as well as the possible emergence of effective international mechanisms to protect international environmental security.

The Chernobyl Nuclear Disaster (1986), the Exxon Valdez Oil Spill (1989), and the Kakhovka Dam destruction (2023) epitomise infamous ecocides, overshadowing countless lesser-known yet equally significant ecocidal incidents. The critical role of a healthy environment in ensuring human survival and progress underscores the necessity of addressing ecocide as a potential threat to human civilisation's long-term survival. In response to this growing concern, in June 2021 an Independent Expert Panel, initiated by Stop Ecocide in June 2021, comprising 12 specialists, proposed a legal definition of ecocide. Nevertheless, this definition garnered criticism from various quarters, including prominent academics and legal experts such as Kevin Jon Heller, Kai Ambos, Michael Karnavas, and Matthew Gillett. Subsequently, alternative definitions emerged from different groups, notably the Promise Institute for Human Rights (UCLA) Group of Experts and scholars, including Matthew Gillett. This chapter scrutinises the discussions around the undeniable need for a redefined concept of ecocide. It illustrates that while the other proposed definitions of ecocide may be more in accordance with legal principles (de lege artis), there is substantial room for improvement. Not only should the definition of ecocide be more explicit, but it should also contain as few lacunas as possible to anticipate any future occurrences. In this vein, Victor Tsilonis proposes an innovative definition of ecocide, aiming to fill existing gaps in the legal understanding of this crime. The chapter concludes that considering the International Criminal Court’s constraints in terms of financial, structural, and human resources, as well as its mandate prescribed by the Rome Statute and overseen by the Assembly of States-Parties, a compelling case can be made for the establishment of a new, specialised international legal institution: the International Criminal Court for the Protection of Environment" (ICCPE). This proposed institution would be specifically tailored to tackle the complex and thus far neglected crime of ecocide, providing a dedicated framework for addressing environmental destruction on an international scale.

This introduction situates the six articles included in the special issue in the context of the steady growth of ecocritical and zoocritical perspectives in Holocaust research. It delineates the key themes of the issue and offers summaries of the six contributions. It also speculates about the possible future developments in the transdisciplinary field of environmental genocide studies.