Enforcing Ecocide: Power, Policing & Planetary Militarization - Alexander Dunlap, Andrea Brock (Eds) (2024)

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Trying to end the war on the world: the campaign to proscribe military ecocide

2016 •

Peter Hough

Military ecocide, the destruction of the natural environment in the course of fighting or preparing for war, has a long history and remains a regular feature of contemporary conflicts. Efforts to prohibit this in international law were initiated after the US’ notorious defoliation campaign in the Vietnam War in the 1960s and have advanced since then. Legal ambiguities and the defence of military necessity have limited the application of this body of law but the proscription of ecocide has, nonetheless, progressed and looks set to develop further. Normative change driven by scientists, environmentalists and legal experts has raised awareness of and stigmatised such practises to the extent that recourse to the worst excesses of ecocide now appears to have lessened and some recompense for past crimes has been made. Military activities, though, still inflict a heavy cost on the environment.

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Bedirhan Erdem

"Chapter 12 deals with the concept of Ecocide and has been authored by Bedirhan Erdem, and Ug˘ur Orhan. An action that should have been criminalised under the Rome Statute is discussed in detail, and the nuanced approach that the authors have relied on is a delight for anyone interested in the concept. By citing case studies and delving deep into them, the chapter traces the history of the crime and ends with a discussion on who should actually be treated as a victim, what is the quantum of harm caused, who should be held responsible, and what should be the penalty. The Amazon rainforest is used as a case study, and nothing could possibly match the extent of destruction that man has brought upon it. By detailing the repercussions of such destructive actions in-depth, the chapter uses it as an example to catapult the discussion to the next level. Ecocide, its history and its journey have been well documented – with steps taken by various people to secure its recognition as a crime against humanity the icing on the cake" (MSS Raj, Christ University Law Journal 2022, Vol. 11, No. 1, 103-118).

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Towards a new crime of ecocide: the moving frontiers of international criminal law

2022 •

Emanuela Fronza

The term ecocide is not accompanied by a precise legal definition. On one hand, there are many types of conduct- even lawful ones which significantly impact the environment, damaging and depleting available resources. Some of them are however already punishable under environmental criminal law. On the other hand, the introduction of a new international crime requires further steps: identifying conduct that could be considered criminally significant and of those which ones are so serious as to reach the threshold of international crimes.

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Elaborating on the literature on environmental violence produced by a variety of disciplines (e.g. political ecology, peace and conflict studies, environmental history, sociology of science, urban and territorial planning), this chapter gives an overview of the multiple facets on the concept before focusing on less visible forms of environmental violence, such as slow/infrastructural/narrative violence. Such forms of violence are investigated in their relation with social inequalities, spatial injustice, environmental racism and legal procrastination. By recognising the importance of territorial specificities in their interplay with conceptual development, the chapter draws on real examples from a variety of contexts around the world, thus showing the complexity of the observed phenomena. As these cases show, environmental violence is contrasted by a vast repertoire of forms of resistance, from grassroots initiatives promoted by local inhabitants turned into activists to legal innovations at the international level. Eventually, the chapter calls for a reflection on the role of social science in contrasting environmental violence and in producing critical theory against new technocratic and exploitative forms of control of nature. [pre-print, before peer-review, april 2021]

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Enforcing Ecocide: Power, Policing & Planetary Militarization - Alexander Dunlap, Andrea Brock (Eds) (2024)

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