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The International Criminal Court (ICC) was set up in 2002 to try cases alleging crimes against peace: genocide, war crimes, crimes of aggression and crimes against humanity. There are compelling arguments for a fifth crime against peace: the crime of ecocide. Generations to come will scarcely believe that we acted with such myopic self-interest at the cost of all life on earth. The ‘war’ that we have waged against the planet is an attack on the peaceful enjoyment of the habitats of all species. A small but important part of the change in international policy would be the creation of ecocide as a new crime against world peace. Broadly defined, ecocide is the significant damage to or destruction of an ecosystem to such an extent that peaceful enjoyment of a part of the planet will be substantially diminished. Decision-makers in companies, organisations or states that cause ecocide would be held accountable in the ICC. Accountability for the ecocide crime is not just the desire of a small number of environmental crusaders. It is a view that is gaining widespread international support from ordinary citizens, politicians and academics. As environmental lawyers, we are morally obliged to add our knowledge and voice to the debate.
Mehta et al. (Sun,) studied this question.