---------- Forwarded message ----------
From: Great Transition Network <[email protected]>
Date: Tue, Jul 5, 2016 at 3:04 AM
Subject: Against Ecocide (GTN Discussion)
To: [email protected]



>From Steven Freeland <[email protected]>

-------------------------------------------------------
Femke's essay is a very timely and thoughtful piece that clearly outlines
many of the reasons why the destruction of the environment in certain
circumstances might constitute an 'international crime' that should be
incorporated into the mechanisms of international criminal justice, in
particular the permanent International Criminal Court (ICC).

I have also argued for the inclusion within the ICC Statute of such a
crime, which I have called 'Crimes against the Environment'. The rationale
behind this is set out in a short opinion piece at

<
theconversation.com/crimes-against-the-environment-the-silent-victim-of-warfare-50215
>

and in more detail in a book published last year - details at

<
intersentia.com/en/addressing-the-intentional-destruction-of-the-environment-during-warfare-under-the-rome-statute-of-the-international-criminal-court.html
>

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
certain acts of deliberate environmental destruction. In my view, the
nature and scope of international criminal law, and the role of the
International Criminal Court - not to mention the politics associated with
any change to that Court'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 relating to warfare have in practical terms done little
to deter deliberate environmental destruction, particularly when measured
against perceived military advantages, and these needs to be urgently
addressed.

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,
but which still warrant appropriate legal sanction.

Steven Freeland

*************************

Friday, July 1, 2016

>From Paul Raskin
Dear GTN:

Our JULY discussion will approach GTI’s overarching theme – shaping a
civilized planetary future – from a fresh angle: the legal effort now
gaining traction to criminalize the wanton destruction of nature.

Femke Wijdekop takes this on in a new Viewpoint, “Against Ecocide: Legal
Protection for Earth.” Femke introduces the idea of the “rights of nature”
and the history of the concept of “ecocide.” However, her primary focus is
on action, specifically, the movement to add ecocide as a crime against
peace under the jurisdiction of the International Criminal Court.

Expanding the juridical architecture for protecting rights will surely be a
vital prong in the systemic movement we so urgently need. But to what
degree can it succeed in isolation? And what is the larger role of law and
legal activism in a Great Transition?

Please read Femke’s short piece at
www.greattransition.org/publication/against-ecocide and weigh in with your
thoughts. It will be published in August, along with selected comments
drawn from the forthcoming discussion

Comments are welcome through JULY 31.

Looking forward,
Paul Raskin
GTI Director

-------------------------------------------------------
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