‘The Changing Environment: Ecocide as the Fifth International Crime’ was the title of research conducted by Master of Laws in International and African Regional Law (full research) summa cum laude graduate, Ms Priyanka Maharaj.
Maharaj’s timely research in the male-dominated field “speaks directly to the protection of the environment in conflict settings which is a current pressing global challenge.
“At the time of conceptualising my topic, the Palestine/Israel conflict was at a tense point as was the Ukraine/Russia strife,” said Maharaj.
“These conflicts and most recently the situation in the Middle East, are direct and bold examples of ecocide and harm against the environment being committed without a clear body of law to monitor and prosecute offenders,” said Maharaj.
“These events speak to the importance and relevance of a separate crime dealing thoroughly and directly with resultant environmental harm in times of armed conflict. The fact that we are seeing wars begin in front of us and not looking back at them as past historical events, is testament to the absolute need – and absence – of international law that comprehensively protects the environment and prevents the damage we are witnessing today,” she said.
“My dissertation makes a significant scholarly contribution to the current situation by proposing a regulatory pathway for recognising ecocide as a fifth core international crime, alongside genocide, crimes against humanity, war crimes and the crime of aggression.”
Said Maharaj: “The research is an eye-opener in terms of the power of legislation in a global context as are the loopholes and escape clauses hidden in past and current legislation. Identifying these gaps at a firsthand level made me realise the relevance and importance of the topic, especially in today’s context. The reality of how fast a conflict can evolve into a war and the hidden consequences that the environment directly suffers were also something I wasn’t fully aware of before completing this degree.”
As a professional in the commercial property and leasing sector, Maharaj’s initial intention was to pursue an LLM in Environmental Law but situations led to her graduating summa cum laude with the full research degree.
“Part of the application process requires a sample piece of academic writing and I had recently completed a paper for my Bachelor of Laws (LLB) so I decided to use it,” said Maharaj.
“By some confusion and what I later realised was the universe working its magic, I ended up being allocated into an International Criminal Law LLM course, with Dr Sheetal Soni as my supervisor. I was not always planning to complete my LLM but I had recently done my LLB and UKZN offered to cover my fees if I chose to do my master’s degree at the University.
“This was an opportunity I could not ignore and one I definitely do not regret taking. Many happy coincidences led me to this qualification,” she added.
Words: Thandiwe Jumo
Photograph: Sethu Dlamini