Establishing ecocide as an international crime under the Rome Statute : a contribution to climate justice?

Abstract

This thesis explores whether the recognition of ecocide as an international crime under the Rome Statute of the International Criminal Court could serve as an instrument for climate justice. It highlights concerns that existing international climate change and human rights frameworks are insufficient to prevent large-scale environmental destruction and to address the disproportionate impacts of climate change on vulnerable communities.The analysis is based on an assessment of legal frameworks, including the UNFCCC, the Paris Agreement, the ICCPR and the ICESCR. While these instruments recognise certain state obligations, they often lack enforceability, effective accountability mechanisms, and adequate protection for collective rights in the face of environmental degradation. In this context, the thesis examines ecocide as an emerging legal concept that could fill key gaps in current international law.Drawing on historical developments, scholarly proposals, and recent legal initiatives, a working definition of ecocide is developed for the purposes of this study. The thesis then applies this definition to assess whether key climate-related harms, such as global warming, sea-level rise, and permafrost melting, could, in specific circumstances, qualify as ecocide. Case studies and legal petitions involving Indigenous Peoples, low-lying states, and climate litigation, illustrate how foreseeable and severe environmental damage caused by sustained human conduct may warrant legal recognition.The findings indicate that recognising ecocide under the Rome Statute could partially contribute to climate justice by enhancing accountability for large-scale environmental harm, protecting affected communities, and complementing existing instruments. While procedural, political, and substantive challenges remain, such recognition could also act as a catalyst for a shift in societal values, comparable to historical transformations following the abolition of slavery or the adoption of human rights norms after World War II. By embedding a legal duty of care towards nature, the criminalisation of ecocide could reframe humanity’s relationship with the environment and strengthen the legal and moral foundations for global climate justice.