Ecoside process in the French and Belgian legal systems towards compliance and balance with the Rome Statute

Document Type : Original Article

Authors

1 Ph.D. student of Criminology, Azad University, Tabriz Branch, East Azarbaijan, Iran

2 Assistant Professor, Department of Law, Urmia Branch Azad University, West Azarbaijan, Iran

3 Assistant Professor, Department of Law, Tabriz Branch Azad University, East Azarbaijan, Iran

4 Professor of Law Department, Tabriz University, East Azarbaijan, Iran

10.48300/jlr.2023.369281.2201

Abstract

Criminalization itself is related to limiting human rights and denying and violating them, therefore interfering with people's rights and freedoms and using power to limit them requires justification. However, the attempt to criminalize ecocide is the most important message of this treatise, the definition of the crime of ecocide, the material and spiritual elements, and what is the position of ecocide in the definition of the crime if there is human or cultural damage. Governments and powerful groups and powerful companies are the main cause of environmental destruction and damage to the environment But because the authority to criminalize is in the hands of the governments and the relevant laws are established and approved by the governments, and also because of the influence and connections between the groups of power and wealth and especially the multinational companies with the governments. Actually, the possibility of criminology in the field of environmental damage is very limited. In an analytical and descriptive way, we will deal with the process of drafting and criminalizing and approving ecocide in France and Belgium. We will also examine the responsibility of companies and governments and their role in the criminalization of ecocide. And we'll be watching to see if the new legal and ethical restrictions help slow the progress of Earth's catastrophes ahead. And also with the criminalization of ecocide, which losses are prevented or which values are passed.

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