The Destruction of Ecosystems Could Become Illegal

‘Ecocide’ could be punishable by law, as international lawyers are in the process of drafting plans to criminalize the destruction of the world’s ecosystems. This would include drawing up a legal definition of “ecocide”, at the International Criminal Law court, which would sit alongside other international offences such as war crimes, genocide, crimes of aggression and crimes against humanity. The project has been started by the Stop Ecocide Foundation prompted by the Swedish Parliament, and has recently been launched.

According to various sources, these plans are slowly attracting the attention and support of various countries and individuals as many are looking to various ways to combat climate change. Emmanuel Macron, the president of France, has pledged support for the idea, and is already looking how to incorporate it into French law, stating. “the mother of all battles is international: to ensure that this term is enshrined in international law so that leaders… are accountable before the International Criminal Court,”

The Belgium government has also pledged support. Whilst other nations have called for the notion of ‘ecocide’ to be deemed an international crime, be seriously considered. This is not the first time that this notion has been raised, in 2019, the International Criminal Court in Hague witnesses, the ambassador of the south pacific island, Vanuatu, call for the destruction of the environment to be criminalized.

The International Criminal court can already prosecute for environmental damage but only within the context of these four crimes: genocide, crimes against humanity, war crimes and crimes of aggression. The campaign to make “ecocide” a punishable offence, even during times of peace. Currently, countries set their own environmental rules and regulations on carbon emissions, and sometimes, these regulations can be minimal, toothless or deceptive – however, by changing the perception of crimes against nature, individuals, countries and companies alike would have to consider the severe consequences to environmental destruction. It would also perhaps create a cultural shift, by instilling a sense of wrongdoing when it comes to harming nature.

Jojo Mehta of the Stop Ecocide Foundation said to the BBC: “if something’s a crime, we place it below a moral red line. At the moment, you can still go to the government and get a permit to frack or mine or drill for oil, whereas you can’t just get a permit to kill people, because it’s criminal, once you set that parameter in place, you shift the cultural mindset as well as the legal reality.”

On their website, The Stop Ecocide Foundation, argues for the International Crime Court Statute to include the fifth crime of ecocide, stating: ‘unlike suing and fining corporations (who simply budget for this possibility), making ecocide a crime creates an arrestable offence. It makes those individuals who are responsible for funding, permitting or causing severe environmental harm liable to criminal prosecution.’ Proposing a four stage process of: Proposal – whereby plans would be put to the ICC and perhaps even affect the behaviors of companies as the plans are considered; Admissibility – whereby the majority of the ICC needs to vote that the plan can be considered; Adoption of into the Statue – requiring 2/3 to be in favor of the amendment;

and Ratification – where state parties ratify their agreement and enforce it into their country’s laws within a year.

Speaking to The Guardian Mehta said on the proposed ICC regulations: “In most cases ecocide is likely to be a corporate crime. Criminalizing something at the ICC means that nations that have ratified it have to incorporate it into their own national legislation. That means there would be lots of options for prosecuting [offending corporations] around the world.” Adding that, defining what an ecocide crime would be the difficulty, “It would have to involve mass, systematic or widespread destruction,” she added. “We are probably talking about Amazon deforestation on a huge scale, deep sea bottom trawling or oil spills. We want to place it at the same level as atrocities investigated by the ICC.”

The initiative will be coordinated by a panel, chaired by Prof Philippe Sands QC, of University College London, and Florence Mumba, a former judge at the international criminal court (ICC) and supreme court judge in Zambia. Both were quoted in The Guardian: Sands stated, “the time is right to harness the power of international criminal law to protect our global environment … My hope is that this group will be able to … forge a definition that is practical, effective and sustainable, and that might attract support to allow an amendment to the ICC statute to be made.” Mumba also added, “An international crime of ecocide may be important in that individual/state responsibility may be regulated to achieve balance for the survival of both humanity and nature.”