Environmental and cultural heritage crimes : the possibilities under the Rome Statute
Helen Brady and David Re
Justice without borders : essays in honour of Wolfgang Schomburg
Leiden ; Boston : Brill Nijhoff, 2018
This chapter examines the possibilities for prosecuting environmental and cultural heritage crimes under the Rome Statute. The ICC Prosecutor’s 2016 Policy on Case Selection and Prioritisation refers to destruction of the environment as a factor the Prosecutor will consider in assessing the gravity of crimes when deciding whether to commence a prosecution. The chapter briefly traces the historical path from Nuremberg to the ICC of prosecuting environmental and cultural heritage crimes. It outlines how cultural property and the environment have been legally protected under IHL and ICL to date. It explores how such crimes could be prosecuted as war crimes, crimes against humanity, genocide and aggression. The chapter concludes that the ICC’s jurisdiction those crimes offers potential to prosecute not only cultural property crimes but also environmentally-damaging or destructive crimes.