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5 HRLR Online 26 (2020-2021)
Prosecuting International Environmental Crime Committed against Indigenous Peoples in Brazil

handle is hein.journals/hrlro5 and id is 24 raw text is: PROSECUTING INTERNATIONAL ENVIRONMENTAL CRIME COMMITTED AGAINST INDIGENOUS PEOPLES IN BRAZIL Lily Grisafi* ABSTRACT This Article investigates current international environmental crimes perpetrated against the indigenous peoples of the Brazilian Amazon and details how and why these crimes must be investigated and prosecuted at the International Criminal Court (ICC). First, this Article illustrates the severity of the environmental crimes in the Brazilian Amazon, in order to explain why these crimes qualify as international crimes under the jurisdiction of the ICC. This Article then illuminates the legal support explicitly and implicitly included in the language of the Rome Statute that allows the ICC to prosecute such environmental crimes. Keeping in mind the ICC Office of the Prosecutor's 2016 policy paper on case selection and prioritization - which put forth the environmentalist policy goals of the ICC- the language of the Rome Statute allows for the prosecution of environmental crimes as war crimes, crimes against humanity, and genocide. Finally, this Article combines the above analyses to evaluate the viability of ICC prosecutions of the international environmental crimes committed against the indigenous peoples of the Brazilian Amazon. Based on the facts of the current situation in the Amazon, and on the language of the Rome Statute, the Office of the Prosecutor should investigate both crimes against humanity and acts of genocide carried out against the indigenous peoples of Brazil. More specifically, the Office of the Prosecutor should investigate the crimes against humanity of forcible transfer, extermination, and * Lily Grisafi has a J.D. from Columbia Law School and an LL.M. from the University of Amsterdam Law School. The author would like to thank Professor Lori F. Damrosch for her incomparable insights, Professor Jill Coster van Voorhout for her exceptional guidance, and the staff of the Columbia Human Rights Law Review for their dedication and invaluable editorial assistance.

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