The environmental protection under the International Criminal Law: the new crime of ecocide

Abstract

This paper aims to analyze environmental protection under the International Criminal Law starting with the study of the crime of ecocide. It will investigate, in particular, its controversial definition, its characterizing elements, the jurisdiction of the International Criminal Court on the subject, the problems associated with the codification of this new crime, and the need to codify this crime at both the international and national levels. Broadening the analysis then, it will go on to address the inseparable relationship between environmental protection and human rights protection by delving into the international instruments available: human rights treaties, quasi-judicial bodies, international environmental law, multilateral environmental agreements, international humanitarian law and customary International Law. Having screened the instruments then of European law to protect the environment, this research will focus on the application of Data Envelopment Analysis (DEA) to understand which among the EU member states has adopted the most efficient sanctioning system in relation to environmental crimes, so as to identify a legal model on which other states can build to improve their legislation on environmental crimes, Italy in primis. The efficiency of a given legal system will be given net of the following Intermediate products: specialized enforcement authority, prison sentence and financial penalty (natural persons), and fines for legal persons.