CONCEPTUAL AND DOCTRINAL BASIS FOR THE INCLUSION OF ECOCIDE IN THE SYSTEM OF INTERNATIONAL CRIMINAL JUSTICE

Abstract

Introduction. This article examines conceptual and doctrinal principles of incorporating ecocide into the international criminal justice system in the context of the evolution of international environmental law. The evolution of the concept of ecocide in criminal law analyzed. The mechanisms for implementing ecocide in the Rome Statute of the International Criminal Court and the challenges associated with establishing mens rea (Latin for "criminal mind") and proving causation are examined. The role of regional international organizations, particularly the Council of Europe, in developing the legal framework for the criminalization of ecocide is discussed. A conceptual model for integrating ecocide into the international criminal justice system is proposed, taking into account an ecocentric approach and the principles of sustainable development. The need for a special international legal regime for accountability for ecocide as an autonomous international crime is substantiated.

Purpose. The purpose of the study is to develop conceptual and doctrinal principles for the inclusion of ecocide in the international criminal justice system through an analysis of the evolution of the legal nature of ecocide, identifying institutional mechanisms for its criminalization and substantiating a model for integrating an ecocentric approach to the anthropocentric system of international criminal law.

Materials and methods. The research materials are international legal acts, among others, acts of the European Union and Ukraine, as well as their doctrinal analysis in the context of the cause-and-effect relationship of ecocide in the system of international criminal justice. Methods include a systematic analysis of legal norms, a comparative analysis of precedents (the historical origins of the concept of ecocide through the prism of the use of Agent Orange in Vietnam), as well as a content analysis of doctrinal sources, which will allow us to identify the leading doctrinal approaches that exist regarding the subject of the inclusion of ecocide in the system of international criminal justice, etc.

Results. It is specified that the genesis of the concept of ecocide in international law is directly related to the awareness of the inadequacy of existing legal mechanisms to counteract large-scale ecological destruction. The transformation of the paradigm of international environmental law from anthropocentrism to ecocentrism is a matter of recognizing ecocide as an autonomous international crime is updated.

Further research in this area. Prospects for further developments are related to detailing the mechanisms for implementing ecocide into national legal systems, developing international standards for investigating environmental crimes, and forming a system of preventive measures to prevent ecocide. Particular attention is required to explore the relationship between ecocide and other international crimes, in particular genocide and crimes against humanity, in the context of comprehensive protection of human rights and the environment.