International Criminal Court (ICC) will try land grabs and environmental destruction, human trafficking - test case Cambodia?
The Hague, ICC: COMPANY EXECUTIVES COULD NOW BE TRIED FOR LAND GRABS AND ENVIRONMENTAL DESTRUCTION Press release / 15 Sep 2016 -- A move by the Prosecutor of the International Criminal Court to expand its focus signals a landmark shift in international criminal justice and could reshape how business is done in developing countries, says Global Witness. Company executives, politicians and other individuals could now be held criminally responsible under international law for crimes linked to land grabbing and environmental destruction...... Global Witness: a case filed in 2014 that catalogues mass human rights abuses linked to systematic land seizures in Cambodia, where business leaders have been working hand-in-glove with the country’s kleptocratic government. (3).... (3) This case will be a key test for the ICC’s new policy. If accepted, this would be the first case in international criminal law where the primary allegations relate to the illegal exploitation of land. Corporate actors in Cambodia could be the prime targets for investigation - they have been complicit in a widespread and systematic campaign of illegal land seizures, leading to the forcible displacement of hundreds of thousands of Cambodians with the help of the state police, military and judiciary. The case was filed at the ICC by international human rights lawyer Richard J Rogers, of the law firm Global Diligence LLP, relying on evidence collected by Cambodian and international organisations, including Global Witness.... https://www.globalwitness.org/en-gb/press-releases/company-executives-could-now-be-tried-land-grabbing-and-environmental-destruction-historic-move-international-criminal-court-prosecutor/r/
References to environment and trafficking in "OFFICE OF THE PROSECUTOR - POLICY PAPER ON CASE SELECTION AND PRIORITISATION," 15 September 2016
7. ... In particular, it will seek to cooperate with States who are investigating and prosecuting individuals who have committed or have facilitated the commission The Office will also seek to cooperate and provide assistance to States, upon request, with respect to conduct which constitutes a serious crime under national law, such as the illegal exploitation of natural resources, arms trafficking, human trafficking, terrorism, financial crimes, land grabbing or the destruction of the environment (See article 93(10) of the Statute).
40. The manner of commission of the crimes may be assessed in light of, inter alia, the means employed to execute the crime, the extent to which the crimes were systematic or resulted from a plan or organised policy or otherwise resulted from the abuse of power or official capacity, the existence of elements of particular cruelty, including the vulnerability of the victims, any motives involving discrimination held by the direct perpetrators of the crimes, the use of rape and other sexual or gender-based violence or crimes committed by means of, or
resulting in, the destruction of the environment or of protected objects (See articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Statute).
41. The impact of the crimes may be assessed in light of, inter alia, the increased vulnerability of victims, the terror subsequently instilled, or the social, economic and environmental damage inflicted on the affected communities. In this context, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.
https://www.icc-cpi.int/itemsDocuments/20160915_OTP-Policy_Case-Selection_Eng.pdf, and referring page, https://www.icc-cpi.int//Pages/item.aspx?name=pr1238
References to environment and trafficking in "OFFICE OF THE PROSECUTOR - POLICY PAPER ON CASE SELECTION AND PRIORITISATION," 15 September 2016
7. ... In particular, it will seek to cooperate with States who are investigating and prosecuting individuals who have committed or have facilitated the commission The Office will also seek to cooperate and provide assistance to States, upon request, with respect to conduct which constitutes a serious crime under national law, such as the illegal exploitation of natural resources, arms trafficking, human trafficking, terrorism, financial crimes, land grabbing or the destruction of the environment (See article 93(10) of the Statute).
40. The manner of commission of the crimes may be assessed in light of, inter alia, the means employed to execute the crime, the extent to which the crimes were systematic or resulted from a plan or organised policy or otherwise resulted from the abuse of power or official capacity, the existence of elements of particular cruelty, including the vulnerability of the victims, any motives involving discrimination held by the direct perpetrators of the crimes, the use of rape and other sexual or gender-based violence or crimes committed by means of, or
resulting in, the destruction of the environment or of protected objects (See articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Statute).
41. The impact of the crimes may be assessed in light of, inter alia, the increased vulnerability of victims, the terror subsequently instilled, or the social, economic and environmental damage inflicted on the affected communities. In this context, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.
https://www.icc-cpi.int/itemsDocuments/20160915_OTP-Policy_Case-Selection_Eng.pdf, and referring page, https://www.icc-cpi.int//Pages/item.aspx?name=pr1238