ENVIRONMENTAL CRIMES THROUGH THE PRISM OF THE CASE-LAW OF THE INTERNATIONAL CRIMINAL COURT

Abstract

Environmental protection is one of the challenges facing international community today and it is gaining particular importance for the International Criminal Court (hereinafter, ICC). According to the Policy Paper on Case Selection and Prioritisation published by the ICC Prosecutor in 2016, destruction of environment and inflicting environmental damage, as means of committing a crime, are new priorities for the Office of the Prosecutor. However, criminalisation of the destruction of environment internationally has not yet been studied comprehensively. It is debatable whether the ICC can be effective in prosecuting perpetrators responsible for the destruction of environment within the existing legal framework. The aim of this article is to explore the possibilities of the development of ICC case-law regarding destruction of environment and environmental damage through the analysis of the limitations imposed by the Rome Statute. The article, in particular, underlines jurisdictional limitations of the Rome Statute regarding criminalisation of the damage caused to the environment. The study also looks into the extent to which environmental protection interests can become relevant for the ongoing ICC investigation into the situation in Georgia.