The state of the investigation of criminal liability for ecocide
Year: 2024
Type: article
Abstract: The article provides a detailed analysis of research on criminal liability for ecocide, which is one of the most pressing problems of criminal law. The author investigated various approaches to the concept of "ecocide", analyzing its legal nature and considering current legislative initiatives aimed at integrating this concept into national and international legal systems. Particular attention is paid to issues related to the criminalization of ecocide in the context of military conflicts, which is complicated by the need to take into account both the right to conduct hostilities and international obligations to protect the environment. The article also analyzes modern discussions related to the effectiveness of international mechanisms for monitoring environmental safety and bringing to justice persons guilty of causing significant damage to ecosystems. The study is aimed at a deeper understanding of ecocide as a criminal offense and offers directions for improving the legal framework in order to ensure reliable protection of the natural environment at the international level. The research is aimed at identifying the main trends and gaps in the legislation, evaluating the effectiveness of the existing mechanisms of legal regulation, as well as forming recommendations for improving the legal framework to ensure adequate protection of ecosystems from mass destruction and damage. Special attention is paid to the analysis of the practice of bringing criminal responsibility for ecocide, the application of criminal responsibility for ecocide, the determination of problematic aspects and the effectiveness of law enforcement activities in this area. The study also considers the role of international organizations and agreements in the formation of generally accepted standards of environmental protection and the possibility of their implementation in national legal systems, taking into account modern environmental challenges and threats.
Author: Ilona Armenakivna Elizbarian
Institution: Yaroslav Mudryi National Law University
Language: English
Subfield: Management, Monitoring, Policy and Law
Field: Environmental Science
Domain: Physical Sciences
Open Access status: diamond
OpenAlex ID: W4405772306