Թումանյան Կարեն 028
———————————————————————————————————————
THE FORMATION OF THE CONCEPT OF ECOCIDE, INTERNATIONAL LEGAL DEVELOPMENTS, AND ISSUES OF NATIONAL CRIMINAL LAW REGULATION
TUMANYAN KAREN
Member of Supreme Judicial Coucil
——————————————————
Abstract․ This section is devoted to the formation of the concept of ecocide, the main trends in its international legal development, and the analysis of the peculiarities of criminal law regulation in the Republic of Armenia. Ecocide is defined as severe, widespread, and long-term damage to the environment, with the distinctive feature that legal assessment may concern not only already occurred consequences but also actions that create a real risk of such damage.
The approaches emerging in international legal doctrine are based on three key criteria—“severe,” “widespread,” and “long-term” damage—which make it possible to distinguish ecocide from other environmental offences. In this context, particular importance is attached to the preventive approach, according to which liability may also arise in cases where there is a high probability of causing significant environmental harm.
The analysis demonstrates that the corpus delicti of ecocide as established in the Criminal Code of the Republic of Armenia has a predominantly retrospective (reactive) character, as criminal liability is conditioned upon the occurrence of an “ecological disaster.” This significantly differs from international developments, where the logic of preventive legal intervention is gradually prevailing.
The study also addresses the trends in the international criminalization of ecocide, in particular initiatives aimed at including it within the jurisdiction of the International Criminal Court as an independent international crime. At the same time, it is noted that this concept is still in the process of formation and has not yet received full normative consolidation.
The effectiveness of detecting and prosecuting environmental crimes in the Republic of Armenia is assessed as limited, due to both legislative and institutional challenges. In this regard, the study proposes directions for improving criminal law policy, including the need for scientifically grounded definitions of offences, the incorporation of the preventive principle, the development of corporate criminal liability, and the introduction of unified criteria for assessing environmental damage.
Overall, the study substantiates that effective criminal law protection of the environment requires a transition from a reactive model to a preventive and systemic approach, in line with international developments.
Key words: ecocide, environmental protection, criminal liability, international criminal law, preventive principle, environmental damage, ecosystem, widespread damage, long-term damage, environmental crimes, Criminal Code of the Republic of Armenia, legal regulation, criminal policy, international legal developments.