Proving Ecocide: The Plight of Pangolins as a Case Study for Fusing Ecological Science with International Law

Abstract Focusing on the case study of pangolins, which are among the most trafficked wildlife species on the planet, this article examines how ecological science can contribute to proving ecocide and other environmental crimes before international courts. It explores multiple vectors through which ecological science is suited to assisting forensic processes, including establishing the widespread, long-term, and severe elements of ecocide, as well as the gravity, causation, intention, and linkage tests, and the classification of victims. Building on that operational assessment, the authors argue that the relationship between science and law needs to be reconceptualized. Instead of the traditional fact-value binary, they advocate for increased recognition that both science and law involve a mix of fact-based and value-dependent assessments. At the same time, the study highlights challenges when incorporating disparate disciplines with separate ontologies and methodologies. Risks include the erosion of fair trial protections and the misunderstanding of requisite standards and approaches, as well as outsourcing dispositive assessments from the courts to scientific researchers. These insights are designed to assist the application of ecocide, and other environmental crimes during both war and peacetime, to protect living species facing multi-variate anthropogenic threats.