ECOCIDE UNDER INTERNATIONAL CRIMINAL LAW : A DOCTRINAL ANALYSIS OF LEGAL RECOGNITION AND LIABILITY

INDIAN JOURNAL OF LEGAL REVIEW

ECOCIDE UNDER INTERNATIONAL CRIMINAL LAW : A DOCTRINAL ANALYSIS OF LEGAL RECOGNITION AND LIABILITY

ECOCIDE UNDER INTERNATIONAL CRIMINAL LAW : A DOCTRINAL ANALYSIS OF LEGAL RECOGNITION AND LIABILITY

AUTHOR –AKASH S, LLM STUDENT AT GLC, VELLORE, TNDALU

BEST CITATION – AKASH S, ECOCIDE UNDER INTERNATIONAL CRIMINAL LAW : A DOCTRINAL ANALYSIS OF LEGAL RECOGNITION AND LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 696-705, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Environmental destruction has emerged as one of the most pressing challenges confronting the international legal order. While international law has progressively recognised environmental protection as a collective concern of humanity, serious environmental harm continues to occur with minimal accountability. Environmental crimes, ranging from illegal resource extraction to large-scale pollution and ecosystem destruction, expose the limitations of existing legal frameworks that primarily address environmental harm through state responsibility rather than individual criminal liability. This gap has led to growing discourse around the recognition of ecocide as an international crime.

Ecocide refers to severe, widespread, or long-term damage to the environment that threatens the survival of ecosystems and human populations alike. Although not formally recognised under the core international criminal law instruments, the concept challenges the anthropocentric orientation of international law by placing intrinsic value on nature itself. This paper examines the evolution of environmental crimes under international law and critically analyses the legal and normative foundations for recognising ecocide as a distinct international crime. It explores how principles such as intergenerational equity, sustainable development, and environmental justice support the criminalisation of mass environmental harm. The paper further assesses the role of international institutions and soft-law instruments in shaping environmental accountability, while highlighting the structural and political barriers that hinder enforcement.

By situating ecocide within the broader framework of international criminal law, the study argues that recognising ecocide would strengthen global environmental governance and reinforce the responsibility of states, corporations, and individuals. Ultimately, this paper contends that the inclusion of ecocide within international law is not merely a legal innovation but a moral and ecological necessity in an era marked by climate crisis and irreversible environmental loss.

KEY WORDS: Environment Crimes, Ecocide, International Law, Environmental Justice, Accountability.