With a view to providing teeth to the global fight against environmental destruction, calls have
been mounting for the inclusion of ‘ecocide’ in the Rome Statute as a crime against peace within
the jurisdiction of the International Criminal Court (ICC). While the time may be ripe for the
discussion, and the current environmental crisis in dire need of an urgent response, codifying
an international crime of ecocide in the Rome Statute may not necessarily be the answer. The
case for the inclusion of ecocide in the Rome Statute presents significant limitations, including a
lack of agreement on the definition (whether it should be a strict liability offence, whether it
should punish causing future environmental damage, and others), the lack of ICC jurisdiction
over States and corporations (largely responsible for environmental damage), and the very
question whether the ICC is an adequate forum for the fight to preserve our planet. In assessing
these questions, this paper will highlight some of the main arguments being made in favour of
and against the inclusion of ecocide within the jurisdiction of the highest criminal court.