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The Natural Environment in Times of Armed Conflict: A Concern for International War Crimes Law?

Authors :
Ines Peterson
Source :
Leiden Journal of International Law. 22:325-343
Publication Year :
2009
Publisher :
Cambridge University Press (CUP), 2009.

Abstract

Article 8(2)(b)(iv), second alternative, of the Statute of the International Criminal Court lists as a war crime the launching of an attack that may cause excessive damage to the natural environment. The incorporation of this offence into the ICC Statute appears to be a great achievement, as it is the first time that such conduct has expressly been declared to entail individual criminal responsibility under an international treaty. It is, however, submitted that Article 8(2)(b)(iv), second alternative, of the ICC Statute, suffers from a serious lack of definition. In addition, the provision depends on an extremely high damage threshold which further complicates its application in practice.

Details

ISSN :
14789698 and 09221565
Volume :
22
Database :
OpenAIRE
Journal :
Leiden Journal of International Law
Accession number :
edsair.doi...........bb52440bebcec711c59ddb9a8ea1aa84
Full Text :
https://doi.org/10.1017/s0922156509005846