Ceza Hukuku ve Kriminoloji Dergisi Journal of Penal Law and Criminology
JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI, vol.13, no.2, pp.384-399, 2025 (ESCI, TRDizin)
- Publication Type: Article / Article
- Volume: 13 Issue: 2
- Publication Date: 2025
- Journal Name: JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI
- Journal Indexes: Emerging Sources Citation Index (ESCI), Central & Eastern European Academic Source (CEEAS), Directory of Open Access Journals, TR DİZİN (ULAKBİM)
- Page Numbers: pp.384-399
- Istanbul University Affiliated: No
Abstract
This article examines current initiatives to recognize ecocide as a fifth core crime under the Rome Statute of the International Criminal Court, analyzing them within the structural limits, normative principles, and value hierarchy of international criminal law. The existing Rome Statute framework protects the environment primarily through an anthropocentric and indirect approach, leaving a significant normative gap with respect to severe, widespread, and long-term environmental damage occurring in times of peace. The fact that most environmental destruction occurs outside armed conflict and cannot be effectively addressed under existing international crimes has intensified calls for the recognition of ecocide as an autonomous offence. This article analyses the 2021 legal definition of ecocide developed by the Independent Expert Panel convened by the Stop Ecocide Foundation, as well as the amendment proposal submitted by Vanuatu seeking to incorporate this definition into the Rome Statute. Particular attention is paid to the compatibility of the proposed crime with the principles of legality, culpability, and the ultima ratio character of international criminal law. In addition, the article evaluates the implications of including ecocide among the core crimes for the normative architecture of international criminal justice and highlights potential challenges