Crimes against Future Generations: Implementing Intergenerational Justice through International Criminal Law

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Sébastien Jodoin


Intergenerational justice not only requires the adoption of best practices and policies, but also the prevention and repression of deleterious and morally blameworthy human behaviour which have severe impacts on the long-term health, safety and means of survival of groups of individuals. While many international crimes have indirect consequences on the well-being of present and future generations, it cannot be said that existing international criminal law is currently well-placed to directly and clearly protect intergenerational rights. As such, the development of a new type of international crime, crimes against future generations, may be a promising avenue for implementing intergenerational justice. Such a crime would penalise acts or conduct that amount to serious violations of existing international law regarding economic, social and cultural rights or the environment.

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Author Biography

Sébastien Jodoin, Centre for International Sustainable Development Law

Sébastien Jodoin is a Legal Research Fellow with the Centre for International Sustainable Development Law, an Associate Fellow with the McGill Centre for Human Rights and Legal Pluralism and a Public Interest Law Fellow with Amnesty International Canada.


Bassiouni, M. Cherif (1992): Crimes against Humanity in International Criminal Law. Dordrecht: Martinus Nijhoff Publishers.

Cassese, Antonio (2003): International Criminal Law. Oxford: Oxford University Press.

Centre for International Sustainable Development Law. Viewed on 25 May 2010.

Charter of the International Military Tribunal, Aug. 8, 1945, 59 Stat. 1546, 82 U.N.T.S 284

Drumbl, Marc (2007). Atrocity, Punishment, and International Law. Cambridge: Cambridge University Press.

Economic and Social Council (1948): Report of the Ad Hoc Committee on Genocide, 5 April- 10 May 1948. Official Records of the Economic and Social Council, Third Year, Seventh Session, Supplement No. 5 (E/794).

Perez Esquivel, Adolfo / The Dalai Lama (2007): Appeal on Environmental Crimes. Viewed on 25 May 2010.

Pfirter, Didier (1999): Article 8(2)(b)(iv) – Excessive Incidental Death, Injury, or Damage. In: Roy S. Lee, (ed.): The International Criminal Court: The Making of the Rome Statute. Boston: Kluwer Law International, 149-151.

Prosecutor v. Akayesu, ICTR-96-4-T, Appeal Judgment, 1 June 2001.

Prosecutor v. Blaskic, IT-95-14-A, Appeal Judgement, 29 July 2004.

Prosecutor v. Kayishema, ICTR-95-1, Trial Judgment, 21 May 1999.

Prosecutor v. Kordic and Cerkez, IT-95-14/2, Trial Judgment, 26 February 2001.

Prosecutor v. Kunarac, Case No. IT-96-23, Appeal Judgment, 12 June 2002.

Prosecutor v. Kupreskic et al., IT-95-16-T, Trial Judgement, 14 January 2000.

Prosecutor v. Seromba, ICTR-2001-66-A, Appeal Judgement, 12 March 2008.

International Committee of the Red Cross (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3.

International Court for the Environment Foundation. Viewed on 25 May 2010.

Robinson, Darryl (2001): The Elements of Crimes Against Humanity. In Roy S. Lee (ed.): The International Criminal Court: Elements of Crime and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers Inc., XX-XX.

Robinson, Darryl (1999): Crimes within the Jurisdiction of the Court. In Roy S. Lee (ed.): The International Criminal Court. The Making of the Rome Statute. Issues. Negotiations. Results. The Hague: Kluwer Law International, 79-XX.

Schrijver, Nico (1997): Permanent Sovereignty over Natural Resources. Balancing Rights and Duties. Cambridge: Cambridge University Press.

United Nations Conference on the Human Environment (1972): Stockholm Declaration on the Human Environment, UN Doc. A/C. 48/14 (1972), 11 ILM 1461.

United Nations General Assembly (2003): United Nations Convention against Corruption. 31 October 2003, 2349 U.N.T.S. 41.

United Nations General Assembly (1998): Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, July 17, 1998, U.N. Doc. A/CONF.183/9.

United Nations General Assembly (1966a): International Covenant on Civil and Political Rights, December 16, 1966, 999 U.N.T.S. 171.

United Nations General Assembly (1966b): International Covenant on Economic, Social and Cultural Rights, December 16, 1966, 993 U.N.T.S. 3.

United Nations Preparatory Commission for the International Criminal Court (2000). Report of the Preparatory Commission for the International Criminal Court, Addendum: Finalized Text of the Elements of Crimes, U.N. Doc. PCNICC/2000/INF/3/Add.2.

United Nations Yearbook of the International Law Commission (1991): Draft Code of Crimes against Peace and Mankind. Vol. II, Part Two, UN Doc. A/CN.4/SER.A/1991/Add.l (part 2).

World Conference on Human Rights (1993): Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights on 25 June 1993, U.N. Doc. A/CONF.157/23.

World Future Council. Viewed on 25 May 2010.