The mistake of our cultures, as Freya Mathews argues, is that
they paint a distorted picture of ourselves; we are not taught that destroying
the environment is fundamentally destroying our greater self. In turn, we are
taught that we, as human beings, are conflicting with or against the
environment. If interpreted in depth, humans and other creatures are parts of
the same being and the same life cycle.
Ecocide generally means attacking the environment and its
components in order to destroy or damage them, so that they are no longer
suitable for life and sustainability. The concept of ecocide was first used in
the 1970s by Arthur Galston during the US-Vietnam War. In recent years, the two
concepts or crimes of genocide (extermination of humans) and ecocide
(destruction of ecosystems) are sometimes discussed together. Genocide has a
stronger legal basis and has long been considered a serious crime under international
law. In addition to any applicable laws and regulations, the 1948 Convention on
the Prevention and Punishment of the Crime of Genocide and the 1998 Rome
Statute of the International Criminal Court define and categorize the crime and
clarify the response and punishment of perpetrators. But ecocide is not like
that. An implicit reference is found in the Rome Statute (Article 8, paragraph
2), which deals with damage to civilian structures and the natural environment
of an area in a manner excluded or unnecessary in relation to military
purposes. This is a war crime and not about protecting the environment itself
and ecocide. That is, it cannot be considered as a direct text on the
prohibition and punishment of ecocide. In the academic and legal community,
ecocide is an illegal or random act intended to cause long-term or widespread
damage to the environment, without being linked to war crimes or military
objectives. Therefore, some argue that it should be treated as a fifth type of
international crime alongside genocide, war crimes, crimes against humanity,
and crime of aggression.
Until now, the environment has been
considered a domestic issue, under the full control of the state and part of
the sovereignty, natural structures (e.g., rivers) have not received their
proper natural identity and are not properly protected. What is read from the
Rome Statute is the annexation of the environment for war crimes and military
objectives, not an independent type of crime. The devastating effects of
climate change, biodiversity loss and other environmental phenomena are
appearing day by day, which affect many human rights, peace and security,
mental and social stability, food security, migration and displacement, and
many other areas and issues.