Practice Relating to Rule 45. Causing Serious Damage to the Natural Environment
Section A. Widespread, long-term and severe damage
Under Viet Nam’s Penal Code (1990), “ecocide, destroying the natural environment”, whether committed in time of peace or war, constitutes a crime against humanity.
Under Viet Nam’s Penal Code (1999), “acts of ecocide or destroying the natural environment”, whether committed in time of peace or war, constitute crimes against humanity.
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Article 422. Crimes against humanity
1. Any person who, whether in peacetime or wartime, commits genocide against [the] population of an area, destroys sources of living [or the] cultural or spiritual life of a nation or sovereign territory, upsets the foundation of a society in order to sabotage it, or commits other acts of genocide, or destroys … the environment shall face a penalty of 10–20 years’ imprisonment, life imprisonment, or death.
2. [If t]his offence is committed under pressure or order[s] given by superior officers, the offender shall face a penalty of 10–20 years’ imprisonment.