by Merlin Hernandez

In the wake of a disaster of such massive proportions as the BP oil spill in the Gulf of Mexico, some governments, academics, and environmental interests have suggested that a more coherent legal framework is needed to treat with prevention, response, and financial liability. By legally defining ecocide, a legal duty of care is created to change business practices from one where pollution pays to a culture where a polluter is guided by the moral minimum or face serious consequences. A law of ecocide means that banks, businesses, and nations will be under a legal duty of care to ensure that profit, money, and policy does not support mass damage to the environment by humanity. Ecocide will be a superior law, similar to the crime of genocide, which will be a part of the Rome Statute and will override national laws. Such a body of law will be adjudicated by the International Criminal Court (ICC).