Abstract
The aim of this research is to establish a clear definition
of environmental crimes, identify the distinguishing characteristics that set
them apart from other types of offenses, and clarify the distinction between
environmental crimes and similar offenses such as ecocide. Many researchers
have conflated these two crimes, despite the significant differences between
them. Like any other crime, environmental crimes consist of the essential
elements, including actus reus and mens rea. This study
explores the actus reus and mens rea of environmental crimes
and investigates whether mens rea plays a significant role in these
offenses. Given the significance of environmental crimes, many legal systems,
such as Swiss criminal law, have incorporated provisions to criminalize such
acts. This raises the question of whether the International Criminal Court
(ICC) holds jurisdiction over these offenses.
Introduction:
The concern of environment has been growing
increasingly since 70s. Stockholm conference 1972 constitutes the cornerstone
for protecting the environment, after this conference, many conferences were
held, such as, Helsinki conference 1975…., the most important of them is Rio de
Janeiro 1992 or what they call it EARTH SUMMIT conference, all these
conferences assure the importance of environment and must protect it. Also,
many treaties were signed for that purpose, but do all these conferences and
treaties succeed to protect the environment? The answer is no, many
environmental problems have shown, to name a few, claimant change, problems in
Ozone layer pollution of seas, air and soil, Acid rains and deforestation.
criminalizing environmental crimes not only in the national laws, but also in
the international laws, and to emphasized the protection of environment it has
to be criminalized in Rome statute.
Research
problem:
the problem of this research was to find a
specific definition for environmental crimes, determine its characteristics and
to distinguish it from similar crimes like Ecocide, to determine whether the
international criminal court has jurisdiction over these crimes or not.
Research
importance:
Due to the importance of environment in our
life we must protect it and criminalize every act that cause damage to the
environment, and to that end, this research was wrote to determine these acts.
Research
mythology:
In this research, it used the analytical
approach to analysis the legal provisions of Rome statute.
Research
structure:
This research is divided into four sections
as follows:
1. Environmental Crime: Concept,
Characteristics and Distinguishing
this section was established on three
points;
-
Jurisprudential and legislative concept to the
environmental crimes;
-
The characteristics of environmental crimes;
-
And distinguishing it from Ecocide
2. The Elements: Actus reus and Mens rea
This section was established on two points;
-
Actus reus of environmental crimes;
-
And mens rea of environmental crimes
3. Does the International Criminal Court
Has Jurisdiction Over Environmental Crimes?
This section was established on one point,
what is the jurisdiction of the ICC, this point has four sub-points:
-
Environmental crimes and Genocide;
-
Environmental crimes and Crimes against humanity;
-
Environmental crimes and War crimes;
-
Environmental
crimes and Crimes of aggression
4. conclusion: in this section, the researcher reaches to some results and recommendations.