International Journal of Trend in Scientific Research and Development (IJTSRD)

Volume 8 Issue 4, Jul-Aug 2024 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470

Green Victimolgy: An Introduction

Paul A. Adekunte1, Matthew N. O. Sadiku2, Janet O. Sadiku3
1
International Institute of Professional Security, Lagos, Nigeria
2
Roy G. Perry College of Engineering, Prairie View A&M University, Prairie View, TX, USA
3
Juliana King University, Houston, TX, USA

ABSTRACT How to cite this paper: Paul A.

Green victimology is a newly emerging field of study. Human Adekunte | Matthew N. O. Sadiku | Janet
victims of environmental harm are not widely recognised as O. Sadiku "Green Victimolgy: An
"victims." Under the category of "victim," the non-human Introduction" Published in International
Journal of Trend in
environmental victim is seldom considered worthy of attraction.
Scientific Research
Hence, from an eco-justice perspective, victimhood can be and Development
conceptualised in terms of environmental justice (the victim is (ijtsrd), ISSN: 2456-
human), ecological justice (the victim is specific environments) and 6470, Volume-8 |
species justice (where the victims are animals and plants). In the eco- Issue-4, August
justice approach, the context, that is both the social and ecological, 2024, pp.1052- IJTSRD68278
are important to understanding and responding to specific instances 1059, URL:
of environmental victimisation. www.ijtsrd.com/papers/ijtsrd68278.pdf

KEYWORDS: Environmental harm, Non-human environmental Copyright © 2024 by author (s) and
victim, Eco-justice, Environmental victimisation, Eco- International Journal of Trend in
crime/Environmental crime, Legal protection, Victims, Criminal Scientific Research and Development
investigation, Forensic victimology, General victimology Journal. This is an Open Access article
distributed under the
terms of the Creative
Commons
Attribution License (CC BY 4.0)
(http://creativecommons.org/licenses/by/4.0)

HISTORY OF GREEN CRIMINOLOGY

Green criminology is a developing field. Global victimization. The period recognized children and
extensions of environmental degradation are slowly women as victims of violence [4].
but persistently breaking into every sphere of human It emerged first in the 1940s and '50s, when several
life. Throughout the twentieth century and criminologists (notably Hans von Hentig, Benjamin
particularly following the changes brought about by Mendelsohn, and Henri Ellenberger) who examined
the First World War and accelerating after the victim-offender interactions and stressed reciprocal
Second, advanced societies have experienced
influences and role reversals. Victimisation is defined
complexity in their progress and development that has as the act or process of someone being injured or
shaped changes in socioeconomic systems and in damaged by another person. The damage could be
corresponding and linked criminal activities. physical (e.g. bruises, broken bones) or psychological
However, impacts on the environment have tended to (e.g. posttraumatic stress disorder [PTSD],
be overlooked until just of recent [1]. depression). Benjamin Mendelsohn, an attorney, has
The term "green criminology" was coined or often been referred to as the "Father of Victimology"
introduced by Michael J. Lynch in 1990, and [5, 6].
expanded upon by Nancy Frank and Michael J.
WHAT IS GREEN VICTIMOLOGY?
Lynch's 1992 book: "Corporate Crime, Corporate Victimology is the scientific study of the
Violence", which examined the political economic psychological effects of crime and the relationship
origins of green crime and injustice, and the scope of between victims and offender. The field of
environmental law [2, 3]. victimology is providing forensic psychology
The field of victimology originated in the early to professionals with new understandings they can apply
mid-1990s, with the first victimologists attempting to to multiple areas of the criminal justice system.
identify how victims contribute to their own Victimology helps in improving: crime prevention,

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law enforcement, corrections, and criminal The two good examples of secondary green crime
prosecution [7]. Green or Ecological Victimology is a provided by South are: state violence against
branch of Green Criminology which emerged with a oppositional groups, and hazardous waste and
critical origin of the criminal justice system to oppose organised crime [12, 13].
the classic victimology in 1990s. The focus is on the
VICTIMS OF GREEN CRIMES
three emergent elements in critical criminology which
The majority of environmental victims are the low-
are: the expansion of discussions of police and penal
income citizens and minorities. According to Kremer
abolition (and relatedly, convict criminology), the use
2016, research revealed that minority and low-income
of Freedom of Information (FOI) requests, and
neighborhoods are at higher risk of environmental
computational methods in criminology and criminal
pollution [14], as shown in Figure 1. Jarrel and
justice system [8].
Ozymy stated that, "it is well established in the
Green criminology, broadly focuses on issues that sociological and criminological literature that low
relates to: (1) the environment (in the widest sense income people of color are more likely to be exposed
possible) and (2) harm (as defined in ecological as to environmental risks." Study also showed that
well as strictly legal terms). This has led to the "economic class played a role in the distribution of
exposure of different instances of substantive social environmental hazards," as "rates of poverty
and ecological injustice [9]. increased as one moved closer to facility spatially,"
General victimology involves a broader focus on the and the "relationship appeared perfectly linear" [15].
study of all victims, not just victims of crime. Some In the spring of 2010, four million containers of oil
scholars refer to General Victimology as Victimity, flowed into the Gulf of Mexico due to British
which includes the study of the following five Petroleum (BP) oil drilling rig explosion. This
specific types of victimization: criminal victimization, explosion created the biggest oil spill in history,
self-victimization, social environmental victimization, causing damage to the ecosystem, the animals that
technological victimization, and natural disaster lived in the water, and to citizens who made their
victimization [10]. homes near the coast. During the explosion eleven
According to White, Green or Environmental workers were killed. According to the Environmental
Victimology is the study of the social processes and Protection Agency (EPA, 2017), the case settlement
institutional responses pertaining to victims of was record-breaking, resulting in "an unprecedented
environmental crime, but humans are the primary $5.5 billion Clean Water Act penalty and up to $8.8
focus of such study [11]. billion in natural resource damages [16].

TYPES OF GREEN VICTIMOLOGY LEGAL PROTECTION OF THE

The two major types of green crime are: ENVIRONMENT FROM A GREEN
1. Primary green and VICTIMOLOGY PERSPECTIVE
2. Secondary green crime. A good environment is a human right of every
Indonisian citizen, as a mandate in the Indonisian
Nigel South classified green crimes into two major constitution in Article 28H of 1945. This provision is
types: primary and secondary. By definition, primary a form of guarantee of legal protection for citizens as
green crime is a crime that directly harms the human beneficiaries of the availability of the
environment and its members (humans and wildlife). environment (i.e. to get a good and healthy
These are crimes that constitute harm inflicted on the environment), but also provide legal protection for the
environment (and by extension, those that inflict harm environment itself. Rapid population growth has
on people because of damage to the environment – resulted to rapid development and industrialization
our classic “environmental victims” who suffer health with its attendant challenges. Meanwhile,
or other problems when the land, water or air they industrialization itself, in addition to meeting all the
interact with is polluted, damaged or destroyed). needs of human life, also has a negative impact on the
There are four main categories of primary green environment. The impacts not only worsen the
crime which are: welfare of human life and other living creatures, but
1. Air pollution also cause a chain process of environmental damage,
2. Deforestation as shown in Figure 2. This problem is now
3. Species decline and animal rights increasingly more complex where and when many
4. Water pollution. environmental crimes are committed by corporations,
Secondary green crime is the crime that arises out of and the damage they cause is large-scale. It should be
disobeying rules that seek to regulate environmental noted, that even today's environmental damage can
disasters. It is also called “symbiotic green crime.” cause damage to future generations, such that future

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generations will actually get environmental problems enforcement officers, stakeholders, and even the
as a result of environmental damage in the past. ranks of the government itself regarding Green
Hence, the environment itself must be viewed and Victimology, since not all stakeholders know and
managed for a sustainable life, so that it is not solely understand the concept of Green Victimology, and it
for development growth. is not easy to change one's perspective in responding
From the case study of Indonisia, the fact is that in to environmental damage.
Indonisia legal protection against environmental The prevention of environmental damage is also
damage is not based on the nature rights itself. The dependent on a system of monitoring activities that
adequate and proper protection of the natural have the potential to damage the environment at the
environment can be based on the nature rights, both community level. This is due to the tendency for
as objects and objects that deserve to be protected, neglect and tolerant attitudes from authorized
including its intrinsic value so that humans are institutions and even among the communities
obligated to protect it, as shown in Figure 3. themselves towards habitual patterns that cause small-
Environmental damage may require remediation from scale pollution or damage such as the dumping of
generation to generation, with the burden of costs of household wastes, burning of garbage and so on.
remediation transferred to future generations. In the The second form of protection is “repressive
perspective of Green Victimology, environmental protection,” which is the action needed to reduce the
protection must also emphasize prevention, because it suffering or loss of victim. This will involve
involves non-human victims, the environment, and strengthening the synergy between law enforcement
future generations. Looking at the view of Barda officers since they must understand that reparation
Nawawi Arief that protection of crime victims can be sanctions for environmental damage begins with the
seen from two meanings: first, interpreted as "legal goals, and commitments among law enforcement
protection not to become victims of criminal acts" officers in disclosing environmental crimes,
and second, interpreted as "protection to obtain legal collecting evidence, law enforcement, and imposing
guarantees/compensation for the suffering/loss of a remediation sanctions
person who has been a victim of a criminal act". The CHALLENGES CONFRONTING
form can be in restoration of inner balance, ENVIRONMENTAL LAWS
restoration of good name (rehabilitation), the The challenges of environmental crimes and harms
provision of compensation (compensation, restitution, make criminal justice and law enforcement responses
social welfare security); which can also be applied to difficult. If ever there were a field of illegal, legal but
non-humans and the environment itself as a victim harmful, or simply anti-social, activity in need of a
[17]. combined response and collaborative efforts, it is this.
The first form of protection is preventive protection. Pink and White (2016) outlined the bases for such
This lays emphasis on prevention so as not to become collaboration in terms of a series of questions
a victim or prevent the occurrence of victim "commonly referred to by law enforcement and
continuously. To environmental protection, this is regulatory staff as either the "5w's and 1h" or "six
very appropriate, where protection must also be loyal servant": these are "who, what, where, when,
oriented to ecosystem sustainability and future why, and how". As will become clear when
generations. Therefore, in order to ensure the considering the Bangladesh case (which is already
existence of preventive protection, it must be one of the world’s most environmentally fragile
supported from the aspect of legal substance, through places), it is useful to consider the prospects for
the construction and reconstruction of environmental collaboration in relation to the following scoping
legislation. The different ways that can be used to exercise [19, 20]:
prevent environmental crimes are through different  identify who the relevant partners/stakeholders
monitoring approaches, use of innovative are,
technologies, as well as compliance programs [18].  determine what the focus (or main purpose) of the
collaboration is,
There is also the need to expand the "principle of  decide where the collaboration/s might be
strict liability" in environmental crimes, and coordinated from or take place,
especially to place the restoration of environmental  agree when the collaboration will commence and
damage as the main criminal sanction and the might conclude,
implementation of a double track system on sanctions  establish why collaboration is considered
for recovering and other criminal sanctions. beneficial, and
“Educational approach” to preventive protection  discuss how the collaboration will most likely
needs to be put in place to the community, law proceed.

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Another challenge is the lack of self-identification as The world leaders in 2015 signed a major treaty
victims: The victims of environmental crime are not called the Paris Agreement to put these solutions into
always aware of the fact that they have been practice. Core to all climate change solutions is
victimized. Even when the individuals are aware of reducing greenhouse gas emissions, which must get to
the impacts of environmental harm, they might not zero as soon as possible. This is due to the fact that
consider themselves as "crime victims" or report the both forests and oceans play vital and important roles
harm to enforcement agencies. The direct in regulating our climate, increasing the natural
victimization of the environmental crime may be ability of forests and oceans to absorb carbon dioxide
experienced by non-human species, such as wildlife to help stop global warming. The main ways to stop
and their habitats, which is difficult to capture as well climate change are to pressure government and
as causing time delay when it indirectly affects business to [23, 24]:
humans. The fact is that the damage can be difficult  keep fossil fuels in the ground
to identify since the damage might not be immediate  invest in renewable energy
or may have a future impact, or may not be  switch to sustainable transport
quantifiable in financial terms, adds to lack of victim  help us keep our homes cosy
self-identification [21].  improve farming and encourage vegan diets
Furthermore, there is the challenge of victims not sure  restore nature to absorb more carbon
about who victimized them or who is exactly  protect forests like the Amazons
responsible: Identifying the perpetrator is important  protect the oceans
for victim remediation because it helps facilitates  reduce how much people consume
criminal investigations and allows victims to pursue  reduce plastic.
civil recourse. However, identifying the perpetrator in The United States as first responder: the emergencies
environmental cases and establishing criminal created or worsened by climate change may
liability can be extremely difficult as the chain of ultimately be managed by the UN, nations will look
causation from perpetrator to harm can be long and to the United States as a first responder in the
complex. It should be noted that more than one immediate aftermath of a major natural disaster or
country can be affected by environmental crime humanitarian emergency. However, the United States
which can be considered as a global issue. This adds may become reluctant to expend ever greater
to the difficulties for the victims and law enforcement resources on overseas disaster relief, not to mention
in identifying the perpetrators. Transnational longer-term humanitarian and stabilization
environmental crime involves transactions beyond operations, as the impacts of climate change begin to
one state or nation and also include wildlife be felt more acutely at home. Natural disaster already
trafficking and the illegal trade in ozone depleting cost the United States billions of dollars annually, and
substances, the illegal dumping and transport of the Intergovernmental Panel on Climate change
hazardous waste, illegal logging and timber trade and (IPCC) projects that climate change will create an
illegal, unreported and unregulated fishing. Some “extended period of high fire risk and large increases
examples among others are: pollution of rivers that in area burned” in North America and particularly in
crosses international boundaries, those that contribute the western United States. The U. S. will also have to
to climate change, money laundering, human meet rising health costs associated with more frequent
trafficking and corruption. If responsibility is heat waves, a deterioration of air quality, and an
extended to all who have had some causal roles in increase in water-borne disease [25].
producing some certain result, the victims might also The Sustainable Development Goals (SDGs) should
be considered the perpetrators [22]. be mainstreamed into climate change, as shown in
WAYS FORWARD TO SOLVING THESE Figure 4. The sustainable development concept
CHALLENGES mainly re-echoes the economic growth doctrine
It is critical that the international community "seal a insisting that societies must be regulated in a manner
climate deal" as it is only an equitable "global" that the security of states and their human populations
climate deal that can tackle the climate crisis is guaranteed thereby increasing the ability of both
effectively; a deal that will clearly spell out the human and non-human nature to be more resilient.
commitments of each and every player. We must Others believe that such re-conceptualization of
keep our eyes on the ball, and not lose sight of the security only succeeded in shifting the object of
magnitude of the problem that we are confronted concern from human life to the biosphere. This,
with. That problem represents no less than our very according to Reid, incorporates every known species,
ability to survive in future. as well as habitats of all kinds, vulnerable to the
destructions wrought via economic growth [26, 27].

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Figure 1. Victims of environmental crime.

Source: https://environmentagency.blog.gov.uk/2023/07/27/landowners-warned-not-to-be-victims-at-the-
hand s-of-waste-criminals/

Figure 2, Bush burning in Nigeria – Wikipedia.

Source: https://en.wikipedia.org/wiki/Bush_burning_in_Nigeria

Figure 3. Environmental protection.

Source: https://en.wikipedia.org/wiki/Environmental_protection#/media/File:Zephyr_Dredging.jpg

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FIGURE 4. THE GLOBAL GOALS FOR SUSTAINABLE DEVELOPMENT (SDGs).

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