From Environmental Harm to Ecocide: Reassessing Responsibility and Accountability Under the Rome Statute

¹ Universitas Muhammadiyah Yogyakarta, Yogyakarta, Indonesia
² Universitas Gadjah Mada, Yogyakarta, Indonesia

^* Corresponding author: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract

This article examines the urgency of recognizing ecocide as a core crime under the Rome Statute and its consequences for state responsibility. The Rome Statute of 1998 establishes four core crimes, namely genocide, crimes against humanity, war crimes, and aggression, yet it provides no comprehensive protection against large-scale environmental destruction, particularly in peacetime. At the same time, most international environmental instruments remain largely declaratory, setting out obligations and commitments without effective criminal sanctions for serious environmental harm. Using a normative juridical method, this research analyzes the Rome Statute, key international environmental instruments, and contemporary doctrinal discussions on ecocide to assess the legal and ethical foundations for its recognition as a core international crime. The study finds that codifying ecocide would close a significant normative gap, expand the International Criminal Court's jurisdiction over environmentally destructive conduct, and indirectly reinforce state responsibility through individual accountability. Moreover, recognizing ecocide would support the realization of the Sustainable Development Goals, particularly those concerning climate action and the protection of marine and terrestrial ecosystems.