ECOCIDE: A FUTURE ‘NEW” CRIME IN THE MANDATE OF THE INTERNATIONAL CRIMINAL CODE: REALITY OR PHANTASY?

Abstract

Ecocide is a term used to describe serious or wide-spread or long-lasting destruction or damage of the natural environment or other forms of environmental degradation. The concept of ecocide has been very actual for several decades. However, there has been growing momentum in recent years to establish ecocide as an international crime under the mandate of the International Criminal Court (ICC). The ICC is a court of last resort that prosecutes individuals for the most serious crimes of concern to the international community, including war crimes, war aggression, crimes against humanity, and genocide. In December 2021, a group of experts proposed a definition of ecocide to the ICC, which could serve as the basis for establishing ecocide as an international crime. The definition proposed is: "Unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts." If ecocide were to be established as an international crime, it would allow for individuals, or legal entities, and even states to be held accountable for their actions that cause significant harm to the environment. This would be a significant step forward in protecting the planet and ensuring that those responsible for environmental destruction are held accountable for their actions. The purpose of this paper will be to research the idea of ecocide as a new crime and to give a short preview of this “new” crime in the Macedonian criminal code.