Assessing the Capacity of International Law Norms Regarding Crimes Committed Against the Marine Environment: The Necessity of Criminalization of Ecocide

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor, Department of Law, Faculty of Management and Maritime Commissioner, Imam Khomeini University of Marine Sciences, Mazandaran, Iran.

2 Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, Arak University, Arak, Iran.

Abstract

Encroachment upon aquatic ecosystems and the destruction of marine biodiversity are consequences of trans-boundary criminal activities that jeopardize the survival of species. However, the insistence of states on maintaining national sovereignty has created an obstacle to global legal cooperation. This approach has resulted in transnational law enforcement actions remaining sporadic, while domestic legislation continue to be inconsistent. Using a descriptive-analytical approach, this research examines the capacities of international law in confronting marine crimes. The findings indicate that current frameworks lack the necessary criminal guarantees and have failed to provide a comprehensive response to the demands of the international community. Presently, the gaps in global treaties regarding the obligation of states to criminalize these acts are clearly evident. Therefore, recognizing ‘ecocide’ as an international crime would be a fundamental strategy for transitioning toward a cohesive and deterrent system for the holistic protection of the marine environment.

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Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 17 June 2026

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