Incorporación del crimen medio ambiental como categoría independiente dentro del Estatuto de Roma

Abstract

Crime highlights the gravity, extent, duration and economic factors involved in the production of environmental damage, elements that protect the postulates of peace, security and welfare that led to the creation of the International Criminal Court. This will influence human behavior in order to prevent, mitigate and repair environmental damage. The present research deals with the creation of an environmental crime based on the analysis of international instruments related to the subject, with the objective of stopping in an effective manner the increase of polluting activities produced by man, which generate negative impacts to the natural environment. What is proposed is to use the categorization of environmental damage as an independent crime articulated within the Rome Statute, a normative body that gives rise to the functioning of the International Criminal Court. Therefore, we analyze the theories that have been the support of environmental responsibility in the different aspects of Law (Civil, Administrative, Criminal and International), in order to establish their failures and strengthen them through International Criminal Law. The inclusion of environmental crime in the Rome Statute is based on the theory of supranational legal right, which considers that environmental damages result in collective and non-individual affectations, a theory according to the dynamism of the multiple elements that integrate the environment.