ABSTRACT

This chapter sets the ground with the context of the progressive recognition of environmental concerns in international law, and specifically in IHRL, and a brief introduction to the idea of ecocide as initially coined in the 1970s. This narrative is built on relevant case-law from international bodies and courts. The analysis continues with the application of the six propositions of Order-versus-Justice to ecocide using the same hermeneutical chisel of the previous two chapters. The chapter also explores the evolution of the international practice of Spain and the UK towards ecocide with three references: first, the positions expressed by country delegates during the negotiation of the 1977 Additional Protocol I to the Geneva Conventions and the 1998 Statute to the International Criminal Court (ICC); second, their interaction with the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities and with the International Law Commission (ILC); and third, regulation at the domestic level.