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Research Paper Volume 9 Issue 3 284 - 301 May 18, 2026

Ecocide and the Limits of the Rome Statute: Bridging the Accountability Gap in the International Criminal Law with special reference to India

Lead author · Corresponding
Gowtham R
Student at Sastra Deemed to be University, Thanjavur, Tamil Nadu, India
Co-author
Poovika B
Student at Sastra Deemed to be University, Thanjavur, Tamil Nadu, India
Abstract

Ecocide, which is defined as the widespread devastation of ecosystems or deliberate or negligent acts which lead to significant environmental harm, has become a major worldwide issue and is being discussed more and more as a possible fifth international crime under the International Criminal Court's (ICC) framework. This essay assesses whether India should make ecocide a separate crime and looks at the legal void in international criminal law pertaining to significant environmental harm and it advocates for liability under the international law to address the severe environmental or ecological and human rights consequences of ecocide. It examines the Rome Statute's shortcomings, especially its anthropocentric perspective and limited acknowledgement of environmental damage as a component of war crimes. The report also assesses India's current environmental system, including the proposed Ecocide (Prevention and Accountability) Bill, 2025, constitutional issues, and judicial developments. Despite India's robust environmental jurisprudence, accountability for extensive ecological harm is weakened by substantial enforcement gaps and a dependence on civil remedies. A comparison of countries like Belgium and France reveals new tendencies in the criminalization of ecocide around the world The article lists the main obstacles, such as tensions between development and environmental protection, definitional uncertainty, and evidential issues. The formal recognition of ecocide, the inclusion of corporate accountability, the creation of ecological baselines, and the bolstering of enforcement mechanisms are all recommended in its conclusion. In order to solve current environmental issues and bring legal systems into line with changing global ecological realities, the paper contends that criminalizing ecocide is crucial.

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Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 3, Page 284 - 301
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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