نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق و علوم سیاسی، واحد تهران جنوب، دانشگاه آزاد اسلامی، تهران، ایران.
2 گروه حقوق و علوم سیاسی، واحد تهران جنوب، دانشگاه آزاد اسلامی، تهران، ایران
3 گروه حقوق بینالملل، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
Ecocide refers to deliberate, widespread, and systematic environmental destruction that has undeniable detrimental impacts on ecosystems and human communities, particularly Indigenous populations. This phenomenon carries irreparable consequences for vulnerable peoples whose identity, culture, and livelihood are intrinsically linked to nature. As environmental crises—including climate change and natural resource depletion—continue to escalate, the necessity of addressing legal responsibilities regarding ecocide becomes increasingly urgent. Transitional justice mechanisms can serve as effective instruments for responding to intentional and large-scale environmental degradation. These mechanisms not only contribute to the rehabilitation of damaged ecosystems but also protect communities that have lived in direct connection with nature, especially vulnerable populations. This research aims to examine the application of transitional justice mechanisms in response to ecocide and the compensation for resulting damages, with particular emphasis on protecting vulnerable communities.
Method
This research employs a descriptive-analytical approach, utilizing library resources and international documents. Initially, the theoretical and conceptual foundations of ecocide and transitional justice are examined, followed by an analysis of the five transitional justice mechanisms—truth-seeking, justice, reparations, reconciliation, and guarantees of non-recurrence—in relation to addressing ecocide. Additionally, successful applications of these mechanisms in international cases—such as the Deepwater Horizon oil spill disaster, the Chevron case in Ecuador, and the Mariana mine disaster in Brazil—are studied. To elucidate the relationship between ecocide and the social death of Indigenous communities, case studies including the James Bay hydroelectric project in Canada, the Maralinga nuclear tests in Australia, and the destruction of the Amazon rainforests in Brazil are investigated.
Findings
Research findings indicate that the five transitional justice mechanisms, in combating ecocide, function not in isolation but in dynamic and complementary interaction. Each mechanism plays a distinct yet complementary role in the process of rebuilding and rehabilitating vulnerable communities. Truth-seeking, through the documentation and narration of environmental damages, establishes the groundwork for implementing justice. Justice, by establishing accountability, defines the legal framework necessary for compensation. Reparations, by remedying damages inflicted upon ecosystems, serve as prerequisites for sustainable reconciliation. Reconciliation, by rebuilding the damaged human–nature relationship, provides the foundation for structural changes. Guarantees of non-recurrence, through institutional reform, ensure the sustainability of achievements from the other pillars.
Furthermore, the research identifies three fundamental challenges in applying transitional justice mechanisms to the domain of ecocide: the absence of a coherent legal framework, the lack of coordination between national and international mechanisms, and the marginalization of local communities and Indigenous knowledge. In response to these challenges, solutions such as developing an international framework for defining and criminalizing ecocide, establishing a specialized international environmental court, designing hybrid environmental tribunals, and implementing participatory truth-seeking systems are proposed.
Conclusion
The analyses conducted in this study demonstrate that the concept of ecocide necessitates a fundamental revision of current legal and policy structures. Transitional justice, with its five mechanisms, can provide an appropriate and efficient framework for addressing this challenge. The integration of Indigenous knowledge with modern legal systems and the active participation of vulnerable communities in all decision-making stages are key elements of this approach. Additionally, coordination between national and international levels is essential for confronting the transboundary nature of environmental degradation. International experiences indicate the feasibility of this approach; however, its full realization requires redefining concepts such as victim, responsibility, and compensation in the environmental domain. In this redefinition, the environment must be recognized as an entity with inherent rights, and future generations must be incorporated into calculations of justice. Environmental transitional justice can facilitate the transition from a state of passivity to active participation in environmental protection by strengthening communities' sense of agency. This path not only leads to the remediation of past damages but also establishes a novel model of sustainable coexistence between humans and nature.
کلیدواژهها [English]
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