Penalizing Environmental Harm: Merits, Limits and Alternatives

This article aims to take a substantive and tangible step towards bridging the aspects of International Environmental Law (IEL) and International Criminal Law (ICL) in responding to environmental harm. On this purpose, following a concise introduction to the aims of punishment and the justifications for penalties, the article firstly discusses the current approaches within the international system for penalizing and responding to environmental harm. It then critically analyzes the International Criminal Court (ICC) system, specifically its mechanisms for penalizing and responding to environmental harm, considering both its strengths and weaknesses. The analysis reveals that the ICC is not fully equipped with penalties or responses adequate for compensating environmental damage, primarily because its focus tends to be on the offender, rather than the victim. Afterwards, drawing upon alternative perspectives, the article offers several recommendations for relevant policy development and best practices. Finally, based on its findings, it underscores the importance of employing proactive, reactive and restorative tools within an ecocentric framework to develop a more robust structure equipped with more appropriate and effective penalties for adequately addressing environmental crime and the harm it engenders.