NOT ALL ROADS LEAD TO ROME: QUESTIONING THE ENVIRONMENTAL PROTECTION UNDER THE ROME STATUTE

Abstract

It is incontestable that armed conflict is not only bringing suffering to human being but also it causing depletion to the environment as its silent casualty. Moderation between International Environmental Law, International Humanitarian Law and International Criminal Law (ICL) is paramount to be observed for mitigating its impact of armed conflict to the environment. With respect to ICL, this Article will discuss about the environmental protection in times of armed conflicts under the Rome Statute of the International Criminal Court (Rome Statute). In time of international armed conflict, Article 8(2)(b)(iv) of the Rome Statute mandated the International Criminal Court to exercise jurisdiction over war crime of intentional attack that causing widespread, long-term and severe damage to the natural environment that clearly excessive in relation to the concrete and direct overall military advantage anticipated. Unfortunately, this provision along with its interpretation is vague. Whilst similar arrangement in times of non- international armed conflict is nowhere to be found in the Rome Statute. Consequently, this placed the environmental protection in limbo situation. To that end, this Article is present to offer numerous solutions for improving the environmental protection in times of armed conflict under the Rome Statute.