Towards the Criminalization of Ecocide at the National and International Levels

Abstract

Harm to, or interference with, the ecosystem constitutes a threat to the security of humanity as a whole. Humanity today stands at a critical crossroads as a result of the degradation and violation of ecological systems, a situation that portends grave and catastrophic consequences for society at large. These consequences arise inevitably from ongoing activities such as greenhouse gas emissions, the destruction of ecosystems, and sustained environmental degradation. In response, several states—foremost among them the Kingdom of Saudi Arabia—have adopted initiatives aimed at environmental protection through the enactment of regulatory frameworks and legislation, as well as through the launch of conservation initiatives aligned with Vision 2030. Ecocide refers to the destruction, even in part, of an ecosystem or the infliction of harm upon living species in a manner that results in unreasonable environmental degradation. The significance of this research lies in its focus on safeguarding ecosystems from destruction in order to ensure human security and safety and to achieve sustainable development for future generations, particularly in light of the absence of an exhaustive enumeration of acts constituting ecocide. The research problem centers on the serious risks posed by activities and acts that lead to ecocide without genuine accountability for their perpetrators, thereby necessitating the intervention of criminal law to define criminalized conduct and to prosecute offenders regardless of their legal status, whether natural persons or legal entities. This study adopts the analytical method to examine statutory texts, international conventions, and divergent legal opinions, while also employing the comparative method in selected parts of the research. Among the most significant findings of the study are the absence of a comprehensive definition of ecocide and the emerging trend among certain states toward the international criminalization of ecocide. The study’s key recommendations include the conclusion of an international convention criminalizing ecocide, the necessity of clearly defining the forms of criminal conduct constituting the crime of ecocide, and the obligation of international criminal law to ensure the protection and enforcement of such an international convention through specific and deterrent penalties.