Recognising the Crime of Ecocide: Rights Protection and Reparations for Individuals at Risk of Environmental Displacement

In the past decades, environmental displacement has emerged as a pressing global challenge, driven by climate change, environmental degradation, and resource depletion. Studies estimate that up to 1.2 billion people could be displaced, internally or across international borders by 2050, due to climate change and natural disasters. In light of this displacement reality, largely resulting from human activity, the international community must ensure that these vulnerable populations are not left behind. While the consequences of this phenomenon are increasingly evident, the absence of adequate legal frameworks under international refugee law for individuals facing environmental displacement poses a significant threat to their most basic human rights. The inadequacy of international human rights law, humanitarian law and environmental law in addressing these gaps advocates for the identification of new ways to protect environmental refugees. While the best alternative still remains to establish international legal protection for persons internally displaced and displaced across international borders through a new instrument, this recourse seems a long way off given the timeframe required to negotiate and implement such an instrument. The central research question revolves around the relevance of recognising ecocide in guaranteeing the rights of individuals at risk or victims of environmental displacement. Acknowledging environmental changes as a global crisis with profound societal implications to be urgently addressed, the study introduces the concept of ecocide as a potential legal remedy preventing the violation of the right to a safe, clean, healthy and sustainable environment. It establishes a foundation by tracing the historical development of ecocide and its emergence as a response to escalating environmental challenges. Drawing on the analysis of international law sources, the research identifies areas where ecocide law could create additional obligations on States and private actors, notably to tackle the root causes of environmental flight situations. Contributing to anchoring ecocide discourse in the human rights field, the study emphasises the relevance of ecocide in opening reparative avenues available to redress the harm suffered by victims of environmental flight. By recognising ecocide as a distinct crime, the legal framework can establish accountability for the perpetrators, who by their careless activities triggered environmental changes, fostering a more proactive approach to environmental protection and mitigating the impacts on vulnerable communities. Considering the transnational threat that environmental changes represent, the thesis underscores the need for a multi-jurisdictional approach, advocating for recognising ecocide at the national, regional, and international levels. This approach, while compensating for the inherent organisational and jurisdictional obstacles of the International Criminal Court, would ensure complementarity among different legal systems, enhancing efficiency and facilitating a more comprehensive response to ecocide cases. By calling for more political will and urgent actions to tackle environmental changes and their consequences on human mobility, the thesis envisions a future where ecocide is universally acknowledged and combated as a means to safeguard our planet and its inhabitants on the lands they have chosen.