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Thu Jun 30 23:44:32 CEST 2016

>S.Freeland at westernsydney.edu.au</a>&gt;<br>
<br>
-------------------------------------------------------<br>
Femke&#39;s essay is a very timely and thoughtful piece that clearly outlin=
es many of the reasons why the destruction of the environment in certain ci=
rcumstances might constitute an &#39;international crime&#39; that should b=
e incorporated into the mechanisms of international criminal justice, in pa=
rticular the permanent International Criminal Court (ICC).<br>
<br>
I have also argued for the inclusion within the ICC Statute of such a crime=
, which I have called &#39;Crimes against the Environment&#39;. The rationa=
le behind this is set out in a short opinion piece at<br>
<br>
&lt; <a href=3D"http://theconversation.com/crimes-against-the-environment-t=
he-silent-victim-of-warfare-50215" rel=3D"noreferrer" target=3D"_blank">the=
conversation.com/crimes-against-the-environment-the-silent-victim-of-warfar=
e-50215</a> &gt;<br>
<br>
and in more detail in a book published last year - details at<br>
<br>
&lt; <a href=3D"http://intersentia.com/en/addressing-the-intentional-destru=
ction-of-the-environment-during-warfare-under-the-rome-statute-of-the-inter=
national-criminal-court.html" rel=3D"noreferrer" target=3D"_blank">intersen=
tia.com/en/addressing-the-intentional-destruction-of-the-environment-during=
-warfare-under-the-rome-statute-of-the-international-criminal-court.html</a=
> &gt;<br>
<br>
I believe that international criminal law is one important legal tool (out =
of a suite of legal tools) that can be effectively utilised to address cert=
ain acts of deliberate environmental destruction. In my view, the nature an=
d scope of international criminal law, and the role of the International Cr=
iminal Court - not to mention the politics associated with any change to th=
at Court&#39;s jurisdictional mandate - warrant that, at least in the first=
 instance, the crime to be included in the ICC Statute should be primarily =
directed towards acts that demonstrate an intention to significantly target=
 the environment as a victim of warfare. The existing international rules r=
elating to warfare have in practical terms done little to deter deliberate =
environmental destruction, particularly when measured against perceived mil=
itary advantages, and these needs to be urgently addressed.<br>
<br>
At the same time, other complimentary legal tools - including national (and=
 regional) civil/criminal law - can and should be utilised to address other=
 instances of environmental damage that fall outside of this description, b=
ut which still warrant appropriate legal sanction.<br>
<br>
Steven Freeland<br>
<br>
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<br>
Friday, July 1, 2016<br>
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