On 9 July 2026, the International Nuremberg Principles Academy welcomed Professor Michael Kelly, Senator Allen A. Sekt Endowed Chair in Law at Creighton University, for a Nuremberg Academy Talk on "Prosecuting Environmental Crimes Under International Law". Chaired by Dr Viviane Dittrich, Deputy Director of the Academy, the event examined the growing importance of environmental protection within international criminal law. Professor John Q. Barrett (St. John’s University) acted as discussant.
Professor Kelly explored the long history of environmental destruction in armed conflict, surveying examples from the Third Punic War (149–146 BC) to contemporary conflicts. He then examined the legal principles governing environmental harm during warfare, discussing military necessity, reasonableness and proportionality, as well as the distinction between tactical and strategic military objectives and the relevance of direct and indirect environmental harm.
The talk also addressed recent legal developments concerning accountability for environmental destruction. Professor Kelly discussed the proposed recognition of ecocide as a fifth crime under the Rome Statute, the ABILA study group proposals that informed the Draft Convention on Prevention and Punishment of Crimes Against Humanity, and recent practice in Ukraine, where environmental damage resulting from the armed conflict is seen as a priority for investigations and prosecutions moving forward.
The presentation was followed by a lively discussion on the legal and practical challenges of prosecuting environmental crimes. Participants exchanged views on responsibility and reparations, the scope of the concept of the "environment", the proposed crime of ecocide and alternative routes towards prosecution, and the role of direct and indirect intent in establishing criminal responsibility for large-scale environmental harm.
The event builds on the Nuremberg Academy's ongoing engagement with environmental crimes under international law. In 2025 the Academy co-organised a five-day seminar of exchange of good practices on the fight against impunity for environmental international crimes at the Colombia Special Jurisdiction for Peace (Jurisdicción Especial para la Paz (JEP)) in Bogotá. In 2024 the Academy contributed to the International Criminal Court Office of the Prosecutor's public consultations on its environmental crimes policy through two joint submissions prepared with the Institute of Commonwealth Studies and the Oxford Sustainable Law Programme. (ah)
