Ecocid în Ucraina: crimele ocupanților ruși împotiva mediului

Abstract

The article examines the challenges and modern perspectives of the regulatory regulation of ecocide in national and international criminal law. The problems of prosecuting ecocide in national criminal law and the prospects of such liability in international criminal law are analyzed. I emphasize that the armed aggression of the terrorist state of the Russian Federation against Ukraine has a devastating effect on the environment, the restoration of which will take more than 10 years. The evolution, concept, composition of ecocide are studied, after finding a legislative consecration in national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide was not enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. I emphasize the need to include the crime of ecocide in the Rome Statute, since serious damage to the environment during armed conflicts is still covered to some extent by the provisions of the Rome Statute, but such damage, which is caused in peacetime, falls under under the jurisdiction of the International Criminal Court.