Journal Article

Embracing the ‘Human Factor’

Luigi Prosperi and Jacopo Terrosi

in Journal of International Criminal Justice

Volume 15, issue 3, pages 509-525
Published in print July 2017 | ISSN: 1478-1387
Published online August 2017 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqx032
Embracing the ‘Human Factor’

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  • Criminal Law
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Abstract

In 2016, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) published its Policy Paper on Case Selection and Prioritisation, part of a series of documents explaining OTP investigative and prosecutorial standards. One key factor informing the selection (and prioritization) of a case is the gravity of the alleged crime(s), taking into account considerations such as the means by which they were committed and their impact. In this context, the Prosecutor specifically recognizes the grave significance of environmental harms, prompting this article’s analysis of the relationship between such circumstances and the constitutive elements of crimes against humanity. Moreover, the Prosecutor’s recognition of the ‘human factor’ in environmental harms, although introduced primarily in the context of a ‘sufficient gravity’ analysis, may be of greater significance than its context might suggest, offering a powerful and common sense perspective which could lead not only to wider and more comprehensive justice for humankind but also offer important ‘spill-over’ benefits, such as protecting the environment and even combating climate change. Such crimes thus truly are some of the most serious crimes of international concern, and warrant international attention.

Journal Article.  8188 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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