Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 111-124 |
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Jalalia A, Bagheri Khorramdashti Z. The Role of the International Criminal Court in Realizing the Right to Health through Prosecuting Ecocide. MLJ 2026; 20 (61) :111-124
URL: http://ijmedicallaw.ir/article-1-1982-en.html
URL: http://ijmedicallaw.ir/article-1-1982-en.html
1- Department of Law, Payam Noore University, Tehran, Iran.
2- Department of Law, Payam Noore University, Graduate Center, Tehran, Iran., Tehran, Iran
2- Department of Law, Payam Noore University, Graduate Center, Tehran, Iran., Tehran, Iran
Abstract:
Background and Aim: Ecocide, as a threat to international peace and security, is inextricably linked to the right to health. The deliberate destruction of the environment not only endangers natural life but also poses serious risks to the physical and mental health of human beings. Despite its current limitations, the International Criminal Court (ICC) has the potential to become a key institution in confronting this crime. This article focuses on the ICC's role in protecting the right to health through the prosecution of ecocide and seeks to answer how the Court can, either by using its existing jurisdiction or through the independent criminalization of ecocide, become an effective tool in this regard.
Method: This study adopts a documentary and descriptive-analytical approach. It examines the capacities of the Rome Statute, the Court's jurisprudence and key concepts in international crimes related to environmental destruction.
Ethical Considerations: Throughout the writing of this article, academic integrity, proper citation of sources and avoidance of data distortion have been fully observed.
Results: The ICC, with its jurisdiction over international crimes, can play a key role in addressing the ecocide crisis. By analyzing two main axes - "legal framework" and "practical examples" - this article assesses the feasibility of prosecuting ecocide within the framework of international criminal law.
Conclusion: Given the intrinsic connection between environmental destruction and the right to health, the ICC can play a significant role in responding to ecocide. Although ecocide is not independently criminalized under the Rome Statute, a broad interpretation of concepts such as "inhumane acts" (in crimes against humanity) or "destruction of a group" (in genocide) may allow for the prosecution of certain severe cases of ecocide. Existing capacities, though limited, can provide a foundation for effective protection of the right to health at the global level.
Please cite this article as:
Jalalian A, Bagheri Khorramdashti Z. The Role of the International Criminal Court in Realizing the Right to Health through Prosecuting Ecocide. Medical Law Journal. 2026; 20: e7.
Method: This study adopts a documentary and descriptive-analytical approach. It examines the capacities of the Rome Statute, the Court's jurisprudence and key concepts in international crimes related to environmental destruction.
Ethical Considerations: Throughout the writing of this article, academic integrity, proper citation of sources and avoidance of data distortion have been fully observed.
Results: The ICC, with its jurisdiction over international crimes, can play a key role in addressing the ecocide crisis. By analyzing two main axes - "legal framework" and "practical examples" - this article assesses the feasibility of prosecuting ecocide within the framework of international criminal law.
Conclusion: Given the intrinsic connection between environmental destruction and the right to health, the ICC can play a significant role in responding to ecocide. Although ecocide is not independently criminalized under the Rome Statute, a broad interpretation of concepts such as "inhumane acts" (in crimes against humanity) or "destruction of a group" (in genocide) may allow for the prosecution of certain severe cases of ecocide. Existing capacities, though limited, can provide a foundation for effective protection of the right to health at the global level.
Please cite this article as:
Jalalian A, Bagheri Khorramdashti Z. The Role of the International Criminal Court in Realizing the Right to Health through Prosecuting Ecocide. Medical Law Journal. 2026; 20: e7.
Keywords: International Criminal Court, Right to Health, Ecocide, Crimes Against Humanity, Environment, Genocide
Type of Study: Original Article |
Received: 2025/05/15 | Accepted: 2025/09/3
Received: 2025/05/15 | Accepted: 2025/09/3
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