Description
(Short description)
This thesis examines whether the incorporation of a fifth crime of ecocide into the Rome Statute promotes global environmental protection. Due to substantial impediments to the enforcement of such a crime, the inclusion of a fifth core crime into the Rome Statute is not advocated. Instead, the establishment of a generic international crime against the environment within the jurisdiction of a yet to be created International Environmental court appears favourable due to its greater flexibility.
(Text)
This thesis examines whether international criminal law is a suitable means to promote global environmental protection. In essence, the work explores whether the current regulatory lacunae, which significantly hamper environmental protection at the international level, could be remedied through the incorporation of a fifth crime of ecocide into the Rome Statute. The paper argues against the inclusion of a fifth core crime into the Rome Statute due to considerable impediments to the enforcement of such a crime. These obstacles particularly stem from the nature of international criminal law and the structure of the International Criminal Court in The Hague. Instead, the establishment of an International Environmental Court is favoured due to its flexible embedding in the international legal system. An International Environmental Court is detached from core principles in international criminal law, and is thus better suited to prosecute an international crime against the environment.
(Table of content)
A. IntroductionB. Legal lacunae in current global environmental protectionInternational environmental law - International humanitarian law - International human rights law - International Criminal Law - Research findingsC. Incorporation of a fifth crime of ecocide into the Rome StatuteThe term ecocide - History of ecocide - Potentials of establishing a fifth crime of ecocide - Characteristics of crimes under international law - The definition of a crime of ecocide - Amendment to the Rome Statute - Impediments to the enforcement of a fifth crime of ecocideD. Establishment of an International Environmental ConventionIndirect enforcement through national courts - Direct enforcement through an International Environmental CourtE. Final considerationsBibliographyIndex
(Text)
This thesis examines whether international criminal law is a suitable means to promote global environmental protection. In essence, the work explores whether the current regulatory lacunae, which significantly hamper environmental protection at the international level, could be remedied through the incorporation of a fifth crime of ecocide into the Rome Statute. The paper argues against the inclusion of a fifth core crime into the Rome Statute due to considerable impediments to the enforcement of such a crime. These obstacles particularly stem from the nature of international criminal law and the structure of the International Criminal Court in The Hague. Instead, the establishment of an International Environmental Court is favoured due to its flexible embedding in the international legal system. An International Environmental Court is detached from core principles in international criminal law, and is thus better suited to prosecute an international crime against the environment.
(Author portrait)
Sina Alica Jung holds a law degree (First State Exam) from the University of Erlangen-Nuremberg (Germany) with a specialisation in international criminal law. In 2024, she obtained a PhD (Dr. iur.) in international criminal law under the supervision of Prof. Dr. Christoph Safferling, LL.M. (LSE) from the University of Erlangen-Nuremberg (Germany). In 2025, she passed the Second State Exam in Germany after having completed a two-year practical legal training with seats in Nuremberg, Munich and New York.
