The weaponization of environmental degradation: A pledge for the prosecution of illegal mining offences as crimes against humanity under Article 7 of the Rome Statute

• In Event: Atrocity Crimes: Types of Offending (ECACTJ)

Abstract

The growing research on the prosecution of environmental degradation as crimes against humanity (“CAH”) under Article 7 of the Rome Statute (“RS”), unnecessarily restricts itself to land-grabbing offences. This article focuses on the political instrumentalization of illegal mining offences to harm indigenous communities. This article’s objective is to prove that the existing RS framework must be used for the prosecution of environmental crimes before the international community attempts to create new provisions on green criminology. The amendment process, under Article 121 RS, is particularly time-consuming which contradicts the need for immediate actions to counteract climate change’s effects. This research adopts an interdisciplinary approach to Article 7, combining a doctrinal study of the RS with a quantitative analysis of social sciences data. It highlights the link between mining crimes, indigenous communities’ lack of sustainable access to fresh water and food, and high rates of murder and forced displacement. This interpretation consolidates the ICC’s mandate and objectives, and the global turn to green criminology, whilst respecting general principles of international criminal law. It creates a promising tool for environmental regulation, and marks a step towards the obtention of environmental justice by the targeted indigenous communities. Despite the difficulties caused by the tight link between illegal mining offences, corporate and financial crimes and complex organised criminal group structures, the Office of the Prosecutor (“OP”) can establish personal criminal responsibility under Article 25 RS. This article argues that any limitations in the new interpretation’s practical impact are attributable to the ICC framework’s own shortcomings. This research belongs to a broader academic work the author submitted to the OP, as part of its call for submissions on the prosecution of environmental crimes. This project will contribute to future academic research on international green criminology and the prosecution of illegal mining offences as CAH.

Author

• ZELDA MARIE MAUMEJEAN, University College London (UCL)