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Although environmental crimes have not yet reached prominence in development of international criminal law, should deliberate destruction of the environment in order to achieve strategic goals be a future focus for the ICC?

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Introduction

Although environmental crimes have not yet reached prominence in development of international criminal law, should deliberate destruction of the environment in order to achieve strategic goals be a future focus for the ICC? In my research paper I wish to argue that environmental crimes should have the same precedence as crimes against humanity. In my research paper, the topics will be introduced and explained and then the use of an example to aid in the illustration of these ideas and issues. The example that I will be referring to is Iraq's Ecological Disaster by Saddam Hussein of the draining of the marshes beginning in 1992. The research materials that I will be using as primary sources are conventions, laws, treaties, the ICC, WTO, CITES and the United Nations. As secondary sources, I will be using books, websites, data bases and newspapers. The International Criminal Court (ICC) became established under the terms of the Rome Statute of 1998. As stated in the Rome Statute of the International Criminal Court Part 2 (Jurisdiction, Admissibility and Applicable Law) Section 5: "The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. ...read more.

Middle

British engineers came up with the first important plans to drain the marshes that border Iraq/Iran while working with the Iraqi government. Unfortunately, these plans where used by Saddam Hussein as strategic weapon against Shi'ite "ma'dan," (the people that live in the marshes). In 1953, the construction of a large canal, called the Third River, commenced. This work would continue for the next 30 years. Yet the actual drainage of the marshes which has destroyed ninety per cent of the marshes took two years to carry out. One Iraqi engineer captured by the Shiite resistance had a document which detailed Saddam's order for the marshes and the Marsh Arabs. All foodstuffs were ordered taken away and the sale of fish was forbidden. Troops prohibited travel to and from the marshes. The document also described orders for mass arrests, assassinations, poisoning the water and burning of the villages. 5 Azzam Alwash is an Iraqi exile and civil engineer. He is also a leading advocate for restoration of the marshes, and sits on the board of the Iraq Foundation, a nonprofit nongovernmental organisation that is working for democracy and human rights in Iraq. ...read more.

Conclusion

The WTO based their arguments of non-discrimination to overturn US guidelines and allow the importation of shrimp products to their market that have not taken sufficient measures to protect an endangered species. I would like to further investigate the relationship between domestic laws and international laws that could support my argument. I would also like to further my investigations on obstacles to environmental law as I think this would concrete my argument for the creation of tough environmental protection laws. 1 Rome Statute of the Internation Criminal Court http://www.un.org/law/icc/statute/99_corr/2.htm [as corrected by the proc�s-verbaux of 10 November 1998 and 12 July 1999] 2 Freeland, Steven. Human Security and the Environment: Prosecuting Environmental Crimes in the International Criminal Court. 3 Freeland, Steven. Human Security and the Environment: Prosecuting Environmental Crimes in the International Criminal Court. 4The Interpol Website http://www.interpol.int/Public/EnvironmentalCrime/Default.asp Last modified on 18 Jul 2005 5 San Fransico Chronicle http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/04/07/MN293104.DTL&type=science A dream of restoring Iraq's great marshes wetlands destroyed by Hussein could thrive again Glen Martin, Chronicle Environment Writer Monday, April 7, 2003 6 San Fransico Chronicle http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/04/07/MN293104.DTL&type=science A dream of restoring Iraq's great marshes wetlands destroyed by Hussein could thrive again Glen Martin, Chronicle Environment Writer Monday, April 7, 2003 7 The World Trade Organisation website http://www.wto.org/english/tratop_e/envir_e/edis08_e.htm ?? ?? ?? ?? Rossana Gonzalez 40813037 ...read more.

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