PROSECUTING THE CRIME OF ECOCIDE UNDER THE INTERNATIONAL CRIMINAL COURT JURIDICTION: CASE OF MONSANTO PAST AND PRESENT ACTIVITIES
34 Pages Posted: 31 Jul 2017 Last revised: 11 Aug 2020
Date Written: June 1, 2016
This contribution is written within the framework of the International Monsanto Tribunal held from October 14 to 16, 2016 in The Hague. It aims to demonstrate that Monsanto's past and present activities fall under the crime of ecocide defined as significant and lasting damage to the global commons or to all or part of the ecosystems on which human populations depend.
Monsanto is a multinational agrochemical and major producer of genetically modified seeds and Roundup, a glyphosate-based herbicide. Its past activities include Agent Orange, a herbicide and defoliator used during the Vietnam War and polychlorinated biphenyls (PCBs).
This paper explores and analyzes how Ecocide proposed amendments to the Rome statute, drafted by End Ecocide on Earth (a citizen's initiate group that I am one of the experts and drafters) could effectively regulate the subsequent ecological and health impacts of Monsanto activities.
Keywords: Duty of care, precautionary principle, global common, ecosystem functions, strict liability, restorative justice, transitional justice, respondeat superior, genetically modified organism, passive infringement, International Criminal Court,
JEL Classification: Q00, Q01, Q15, Q17, Q18, Q56, K32, K33, K14, K42
Suggested Citation: Suggested Citation