Green Crimes and International Criminal Law

Regina M. Paulose (Ed.)

by Zoi Aliozi , Tamara Blagojevic , Damian Etone , Beatrice L. Hamilton , Prayank Jain , Dayana M. Kunjachan , Leonard Mukosi , Regina M. Paulose , David Krott

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This book analyses the present as a guide for future action. Throughout, the reader gets a sense of urgency; this is not just an academic exercise, aimed at enhancing the understanding of the student, but a call to action. The combination of scholarship and activism captures what academia is so often lacking; a commitment to make a change to an existing situation which is unsustainable. Taken together, these essays are a breath of fresh air, going back to some of the grounding principles of law as a universal principle guiding human societies and interactions.
The use of case studies which underpin the argumentation throughout, root the various approaches in pragmatism: what is being suggested is in no way unattainable, but already being trialled and put into practice. The clear geographical spread (even transcending the terrestrial) furthermore adds another layer of urgency to the overall message that climate change and the destruction of nature are a universal challenge, which manifest themselves at various levels and have a detrimental effect on both human societies and their surrounding ecosystems.

Bram Wanrooij
Author of 'Displaced: Europe and the global refugee crisis'

‘Green Crimes and International Criminal Law’ examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law.

While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widespread attention. This volume acknowledges the growing interest and seeks to promote debate among academics and professionals working on the subject. The aim of these texts is to encourage meaningful action around green crimes within the international criminal law community so that environmental justice can become established.

The collection will be of particular interest to practicing attorneys and academics studying international criminal law, especially those keen on investigating how green crimes can be incorporated into the specific canon of international law.

Foreword
Introduction
Regina Menachery Paulose
International Criminal Law Attorney

List of Abbreviations

Chapter 1 Green Criminology: A rights-based approach
Dr. Zoi Aliozi
International Human Rights Lawyer

Chapter 2 Environmental Personhood Towards a Rights Based Approach for Nature and Humanity
Prayank Jain
The Fletcher School of Law and Diplomacy, Tufts

Chapter 3 Addressing Environmental Harm in Conflicts within Africa: Scope for International Criminal Law?
Damian Etone
University of Stirling

Chapter 4 Legal challenges to the inclusion of a crime of ecocide in the Rome Statute of the International Criminal Court
Beatrice L. Hamilton
Rolin-Jaequemyns International Law Institute Ghent and Edinburgh Centre for Global and International Law

Chapter 5 The International Court for the Environment – Could the International Court for the Environment offer a solution for the problem of international environmental crimes?
David Krott, LL.M.
Vrije Universiteit Brussels

Chapter 6 Dakota Access Pipeline a Case of Cultural Genocide? Through an Indigenous Data Sovereignty Lens
Leo Mukosi
James E Rogers College of Law (Indigenous Peoples Law and Policy) University of Arizona Chapter 7 Ecosystem Destruction in the Kole Wetlands in India
Dr. Dayana Maliyekkal Kunjachan
Government Law College, Ernakulam

Chapter 8 Crouching Tiger, Hidden Dragon: Hydropower and Crimes against Humanity
Regina Menachery Paulose
International Criminal Law Attorney

Chapter 9 To infinity and beyond: Finding an adequate approach to protect against Environmental Damages in Outer Space – prevention or remediation?
Tamara Blagojević
Independent Researcher

Index

Regina M. Paulose holds a J.D. from the Seattle University School of Law and an LLM in International Crime and Justice from the University of Turin/UNICRI. She is an international criminal law attorney based in the United States, and she is the Executive Director of The Common Good Foundation.

International criminal law, genocide, crimes against humanity, war crimes, space pollution, Rome Statute, International Criminal Court, international environmental law, indigenous rights, land rights, human rights, water rights

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