Environmental Corruption: Fighting Two Evils through International Criminal Law Alongside Introducing a Special Protocol to uncac and untoc

Abstract Undoubtedly, severe economic corruption could threaten international peace, security and well-being. Therefore, this article calls for space in international criminal justice and law to address gaps and open up a path to considering widespread and long-term environmental corruption with the most severe consequences to be understood and prosecuted as crimes against humanity or a separate international core crime. The definition of environmental corruption is provided as an alternative to such a proposal. The offense could be restricted to instances of corrupt practices by public officials or, alternatively, to differentiate between the constellations by setting up two different offenses, mainly if a vast quantity of assets is involved. There is a growing tendency to expand the scope of these crimes to include entities. In addition, the authors suggest that for transnational crimes, a separate protocol or joint protocol to uncac and untoc is highly recommended to address the issue of environmental corruption that would meet the principle of legality and oblige states to implement its provisions in national criminal codes.

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Publication Details

Journal
International Criminal Law Review
Published
2025-04-02
DOI
https://doi.org/10.1163/15718123-bja10225
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Environmental Corruption: Fighting Two Evils through International Criminal Law Alongside Introducing a Special Protocol to uncac and untoc

Marc Engelhart, Sunčana Roksandić
International Criminal Law Review
International Law and Human Rights
article

Environmental Corruption: Fighting Two Evils through International Criminal Law Alongside Introducing a Special Protocol to uncac and untoc

Marc Engelhart, Sunčana Roksandić
article en

Abstract

Abstract Undoubtedly, severe economic corruption could threaten international peace, security and well-being. Therefore, this article calls for space in international criminal justice and law to address gaps and open up a path to considering widespread and long-term environmental corruption with the most severe consequences to be understood and prosecuted as crimes against humanity or a separate international core crime. The definition of environmental corruption is provided as an alternative to such a proposal. The offense could be restricted to instances of corrupt practices by public officials or, alternatively, to differentiate between the constellations by setting up two different offenses, mainly if a vast quantity of assets is involved. There is a growing tendency to expand the scope of these crimes to include entities. In addition, the authors suggest that for transnational crimes, a separate protocol or joint protocol to uncac and untoc is highly recommended to address the issue of environmental corruption that would meet the principle of legality and oblige states to implement its provisions in national criminal codes.

International Criminal Law ReviewVol. 25(2-3)
University of Freiburg (DE), University of Zagreb (HR)
Openalex Percentile: Top 92%
International Law and Human Rights
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