Literature Review

This article discusses the concept of "ecocide" as a criminal offense. In particular, it refers to the attempts of the legislator to formulate the definition of ecocide as an illegal criminal act and provides examples of specific court cases in which the environment and its components are recognized as subjects of law and protected in court from all kinds of encroachments. In addition, the article is intended to draw attention to the problem of determining damage caused to the environment as a criminal offense at the international level, and also to show that at present the concept of "ecocide" is not used in domestic judicial practice.

The concept of ecocide, mass damage and destruction of nature, dates back to the Vietnam War. Still, legal systems fall woefully short of addressing the ongoing ecocide. International environmental law lacks coherence and an overarching normative framework. The global economic system has no corresponding global governance system. Including ecocide as a crime in the Rome Statute of the International Criminal Court would be the first new international crime since 1945. Since the proposal of a definition of ecocide in 2021, interest from states and transnational organisations has soared. By focusing on the risk of severe and either widespread or long-term damage to the environment, without requiring direct negative impact on humans, criminalising ecocide introduces responsibility for the worst violations of rights of Nature. It constitutes a legal red line: to here but no further. When international criminal law for the first time takes nature into account, this is a transformative step in an anthropocentric system. Ecocide law could be a ‘green swan’—a small change in one place within the system, which catalyses big changes of the whole, paving the way for a more respectful relationship between human society and nature.

We assess the effects of Russia’s war against Ukraine on soil, water, and air – including pollution by oil products, ammonia, heavy metals and radioactive substances; the threats posed by seizure of the Chornobyl and Zaporizhzhia nuclear power plants; and occupation of parts of the Emerald Network of biosphere reserves. The destruction of forests, steppes and wetlands by mines, bombing, shelling and fires, and the pollution of the environment, amount to ecocide. There is need to engage international organisations to confront environmental issues and bring the perpetrators to justice.

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is its expressive power and, that being the case, it is vital to clarify exactly what the expressive message of ecocide should be. The recent burst of scholarly attention to the proposed ecocide definition has largely bypassed this normative groundwork. This Article calls for time to be invested in grappling with hard questions about what exactly the harm is that ecocide seeks to vindicate which, in turn, requires determining how best to conceptualize the relationship that humans have with the natural environment. The Article contends that if the proposed legal definition of ecocide is codified as an international crime, it risks being used to prosecute those who are already marginalized, while reinforcing the artificial (and damaging) conceptual separation of humans from nature that is already entrenched in international law. Nonetheless, there is a window of opportunity, currently open, to embed within the ecocide definition a position that understands humans as inseparable from nature, which would align ecocide’s expressive message with long-standing Indigenous epistemologies, emerging human rights jurisprudence, and cutting-edge earth science. Time spent now on re-imagining the normative justification for ecocide’s criminalization could put international criminal law in the rare position of being at the vanguard of a progressive movement to build a greener international law.

Consulta�on has been taking place on an Ecocide Preven�on (Scotland) Bill, proposed as a private member’s Bill by Monica Lennon MSP.1 The proposal is connected with a wider interna�onal campaign to establish ecocide as a crime to ensure that those responsible for major environmental harm are held to account.

The impact of the environmental deterioration is known to the world with the series of catastrophic damages and events. The discourse on the criminal intent behind man-made disasters is often regarded as a quixotic quest by various scholars and states. This study aims to examine this conundrum concerning the unsuitability of the ecocide as an international crime. It will analyze the profuse hesitation of the states and the international community on preventing environmental destruction. It argues that the presence of inter-linkages of criminal intent and elements while committing the acts deteriorates the environment. The concluding section briefly explores the questions on the urgency of criminalization, the level of regulation, the national and international administrative fallacies on environmental crimes, and above all, the feasibility of “ecocide as an international crime.”

As a result of the Kakhovka dam explosion, a huge area of soil was contaminated with toxic organic waste of various origins. The sustainability of soil ecosystems affected by floods requires effective approaches to eliminate the consequences as quickly as possible. Therefore, the goal of this work was to study the efficiency of the application of granular microbial preparation (GMP) and silicon dioxide preparation Analcime for the degradation of toxic organic waste to restore the soil after floods as well as man-made and natural disasters using model ecosystems. It is based on the combination of microbial fermentation of organic waste via GMP, improvement in soil quality via silicon dioxide preparation Analcime (Na[AlSi2O6]·H2O), followed by the application of phytoremediation methods for affected soil bioremediation. Such parameters as time detention (Td) and degradation coefficient (Dc) served to estimate the efficiency of organic waste degradation. The detoxification efficiency was determined via growth inhibition coefficients of indicator plants. The coefficient of waste degradation (Dc) via GMP was four–eight-fold higher compared to untreated variants and ranged from 35.1 to 41.8. The presence of methane in the variants of the experiment with GMP indicated the complete degradation of solid waste to final non-toxic products. The addition of GMP and Analcime enhanced the viability and antioxidant protection systems of seedlings of test plants (Cucumis sativus «Konkurent» and Amaranthus caudatus L.). The proposed approach is promising to be applied in the polluted sites of Europe or Asia for soil treatment as well as alternative energy obtaining.

It is established that a surge in urbanization and population has created an adverse impact on the environment. Technological advancements have resulted in a paradigm shift in our lifestyle, typically, towards fast-paced. Certain technologies have become indispensable especially personal and communication gadgets. This increased dependence has created a demand imbalance resulting in an economic response geared towards mass-scale production underscored by rampant exploitative behavior. This has had a direct adverse impact on the environment. In the current form, most of these mass scale production activities can be qualified to be causing an ecocide. In this paper, we explain the concept of ecocide from the perspective of an economic externality rather than considering it an international crime per se. Unlike a crime, an economic externality is incidental to an economic process. We further our insights into the economic aspect of ecocide and examine the ineptness of the present legal structure bringing urgency to aptly and effectively address the issue of ecocide. The economic perspective is critical to understanding the lacuna in the present legal framework. We take the instance of our intensive reliance on mobile phones and laptops and the adverse impact this has created on the environment highlighting the case study of mining Coltan. The first part of the paper analyses the present legal framework of production of Coltan in the Democratic Republic of the Congo (DRC) and its effectiveness or lack thereof in preventing environmental harm. The second part of the paper focuses on establishing liability of causing ecocide, therefore, provide for compensation with the help of the Coase Theorem. The paper concludes with suggestive perspectives to evaluate solutions that may have a lasting impact in mitigating environmental harm to the extent of an ecocide.

The works of Amitav Ghosh have established a unique character in the field of Indian Writing in English. He primarily depicts modern subjects and conveys a sense of awareness of events that occurred in the past and continue to exist in the present. In Amitav Ghosh’s novels, the environment has a pretty strong presence. Ghosh’s concern for the environment can be found in practically all of his literary works, as well as in parts of his novels. The Glass Palace (2000), The Hungry Tide (2004), Sea of Poppies (2009), River of Smoke (2011), Flood of Fire (2015), and The Gun Island (2019). Ecological Imperialism and Ecocide are two problems that emerge highly prominent in these works, among many ofecocriticism facets.Ecocriticism presents an ecological perspective on the interaction between nature and all living things, particularly humans. Ghosh describes the nineteenth century Asian subcontinent with imaginative zeal and great historical insight in River of Smoke (2011). He revisits history, passing judgments on the past misuse of authority to plunder imperial subjects’ ecologies. Ghosh relishes the opportunity to depict the opium battle on a vast scale in a realistic manner. The Opium War was one of the most significant events in India’s imperial history. This article will look at how the imperial power is fictionalised in order to portray the ecological calamity that occurred during the colonial period.

The de􏰀droecological discovery of a “Little Ice Age” (536-660) has e􏰀couraged historiography of the Near East to le􏰀d greater age􏰀cy to ecological factors withi􏰀 studies of the past. (2017, Harper, 287; 2012, Elle􏰀blum, 121; 2019, Sessa, 244) Although this 􏰀ew paradigm i􏰀troduces a series of factors hitherto missi􏰀g from historical 􏰀arratives, it is also co􏰀strai􏰀ed by defere􏰀ce to “ve􏰀eer theory”; emphasisi􏰀g society’s i􏰀􏰀ate fragility i􏰀 the face of great crises (2020, Bregma􏰀, 4). This da􏰀gerously limits the role of a􏰀thropoge􏰀ic age􏰀ts to mere wit􏰀esses, i􏰀capable of shapi􏰀g historical 􏰀arratives. The Negev Highla􏰀ds i􏰀 Souther􏰀 Palesti􏰀e offer a plethora of archaeological a􏰀d textual evide􏰀ce to i􏰀vestigate how commu􏰀ities duri􏰀g this u􏰀settled period e􏰀gaged with the 􏰀atural la􏰀dscape. Through a􏰀 i􏰀terdiscipli􏰀ary study of archaeological discoveries, paleoclimatic data, a􏰀d the Nessa􏰀a papyri corpus, this article will re- i􏰀troduce huma􏰀 age􏰀cy i􏰀 e􏰀viro􏰀me􏰀tal 􏰀arratives. Lyi􏰀g at the core of the prese􏰀t study is the co􏰀cept of ecocide - the huma􏰀 spoliatio􏰀 of ecological systems. Applyi􏰀g 􏰀otio􏰀s of commu􏰀ity resilie􏰀ce theories withi􏰀 this framework reveals a 􏰀egative feedback loop that is yet to be exami􏰀ed (2020, Lewit, 75). As settleme􏰀ts became more adaptive, their exploitatio􏰀 of 􏰀atural resources escalated, thus resulti􏰀g i􏰀 greater ecological deterioratio􏰀. I􏰀troduci􏰀g ecocide as a historical age􏰀t where a􏰀thropoge􏰀ic a􏰀d e􏰀viro􏰀me􏰀tal forces meet; we ca􏰀 elucidate the 􏰀eed for eco􏰀omic adaptatio􏰀 i􏰀 rural areas where, previously, agriculture was the mai􏰀 commodity. The mai􏰀 implicatio􏰀 here is for moder􏰀 historiography where 􏰀ew co􏰀ceptual frameworks for the study of the Umayyad period emphasise greater eco􏰀omic co􏰀ti􏰀uity. For too lo􏰀g ecocide has bee􏰀 limited to academia of the moder􏰀 era. Its applicatio􏰀

One of the significant issues in the economic world is Eco-crime (in this study, in conjunction with the broad terms of Ecocide). The problem of green, blue, and brown crime also manifests into eco-crime. Though there is no international definition of Ecocide yet, the issue has been raised recently and has become a massive movement. The international is promoting Ecocide as the fifth crime under the Rome Statute, and the International Criminal Court will adjudicate. It is undeniable that the issue of environmental crime has developed massively. The consequences of economic development are an economic crime that follows. The Ecocide is dangering. It has a complex impact on the future lives of human beings. The process of Ecocide is sometimes not simple. Sometimes, the corrupt process of legislation causes Ecocide. One of the major problems in economic crime is Money Laundering. Money laundering needs the appearance of a predicate crime. Eco-crime and Ecocide in this context of Economic Crime can be more sophisticated than just environmental crimes, as acknowledged in several jurisdictions as predicate crime. The theoretical aim of this study is to examine whether Eco-crime, interalia Ecocide, can be considered a grand crime that can gain illegal money. In this matter, eco-crime can relate to money laundering. This article is a conceptual paper. The methodology in this study is a qualitative research method to gather in-depth insight into grand crime. It is collecting and analyzing text to understand concepts given by scholars, their opinions and experiences. The study shows that Eco-crime, in this context of Ecocide, should be put as a grand crime and treated more than a predicate crime. The study concludes that every national legislation must recognize eco-crime as one serious crime that may result in illegal proceeds of crime in money laundering. The limitation of this study is that it will not discuss the movement to promote Ecocide as the fifth crime under the Regime of Rome Statute. The study will only use Ecocide terms to operate in this research.

The article is devoted to the study of the representation of environmental and military issues in the English-language song text ‘C+arol of the Ecocide’, which is actually a timely cover for the legendary melody ‘Shchedryk’ by an outstanding Ukrainian composer M. Leontovych. In the narrative ‘Carol of the Ecocide’ there are analyzed the depictions of tragic pictures of wartime reality, which appeal to the recipients with a call to stop the death, destruction of the natural environment, which is taking place in Ukraine on a significant scale. It is traced how these lyrics clearly outline the harmful and destructive effects of war on the environment, also called ecocide, which is considered a crime against humanity. The author notes that ‘Carol of the Ecocide’ combines various goals, among which the following stand out: to honor the 100th anniversary of ‘Shchedryk’, and in this way to reactualize the national cultural and historical heritage, which is a fundamental factor in nurturing ethnic identity, which is extremely and crucially important in the fight against colonial enslavement; and call for an end to ecocide as a result of the war in Ukraine. There has been revealed a connection between ‘Shchedryk’ by M. Leontovych and ‘Carol of the Bells’ by P. Wilhousky and ‘Carol of the Ecocide’ by Ye. Matyushenko and Yu. Zvonar. The significance of the cultural sphere for the security and prosperity of the country, state, and nation, as well as for the preservation and cherishing of ethnic identity, is emphasized.