Iryna Rekrut
In this post, part of the Emerging Voices series, Iryna Rekrut, Legal Fellow at the Center for Gender & Refugee Studies, proposes an additional potential avenue that could also be used to improve accountability for environmental damage under the Rome Statute. She argues that a more expansive interpretation of existing provisions – particularly refining the definitions of “widespread,” “long-term,” and “severe” damage – could meet the evidentiary burden and make prosecution more viable under current international law.
Throughout the development and evolution of international humanitarian law, the environment has been considered as important and deserving of protection. Legal frameworks, such as the Rome Statute, criminalize damage to the natural environment during warfare. However, the high thresholds for prosecution have – so far – hindered its usage and respective accountability. There are ambitious initiatives that seek a broader and actionable definition. To enhance accountability for environmental offenses, it is necessary to advocate for its implementation and also explore expanding the interpretation of the existing war crime in the Rome Statute.
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