Can criminal law be an effective response for environmental disasters caused by mining?

Kostić, Jelena and Matić Bošković, Marina (2025) Can criminal law be an effective response for environmental disasters caused by mining? In: Mineração, Direito Penal e Desastres Ambientais. Pedro & João Editores, Sao Carlos, pp. 49-74. ISBN 978-65-265-1954-7

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Abstract

While the extraction of natural resources can provide substantial economic benefits to a state, it also introduces significant criminogenic risks. The exploration and extraction stages are particularly prone to regulatory and environmental violations, resulting in both direct and indirect harm to the environment. Environmental crime, particularly in the mining sector, is highly lucrative and challenging issue to tackle due to its significant financial rewards, lower legal risks, and complexities in detection and enforcement. Criminal law plays a critical role in addressing environmental disasters caused by mining, providing a legal framework to hold individuals and companies accountable for actions that case significant harm to the environment and public health. Green criminology plays a crucial role in bringing attention to the intersection of criminality, law enforcement, and environmental harms. Furthermore, the relevant high-profile cases at the international level are shaping future enforcement and highlighting the criminal judiciary’s role in upholding environmental justice. Success or failure in prosecution of responsible individuals and legal entity has impact on deterrence. Knowing that violations can lead to criminal charges encourage mining companies to adhere strictly to environmental regulations and standards. However, the high-profile cases confirmed difficulties in detecting and investigation of environmental crimes. Specifically, enforcement agencies encounter several significant challenges that affect the success of their efforts. The primary issues include technical and financial constraints, as well as a lack of specialized knowledge. The Brumadinho dam collapse in Brazil stands as one of the most significant environmental disasters in recent history, underscoring the severe consequences of environmental crime and the potential role of criminal law in addressing such incidents. This case provides a poignant example of how the prosecution of corporate executives is challenging. Environmental disasters caused by mining in Serbia highlight significant challenges and underscore the need for effective regulation, enforcement, and remediation measures. The mining industry in Serbia has been associated with several incidents that have had detrimental impacts on the environment and public health. For example, the mining activities at RTB Bor have led to severe air, water, and soil pollution. Veliki Krivelj, part of the Bor mining operations, experienced a tailings dam failure, leading to the release of toxic sludge. Environmental disasters caused by mining in Serbia highlighted the urgent need for comprehensive remediation efforts. Strengthening legal frameworks, increasing penalties, improving enforcement capabilities, and fostering international cooperation are crucial steps in addressing environmental crimes effectively.

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