MASS DESTRUCTION OF NATURE REACHES INTERNATIONAL CRIMINAL COURT

Pacific Island States of Vanuatu, Fiji, & Samoa propose Crime of Ecocide

“Introducing ecocide as an international crime is crucial because it holds those in positions of superior responsibility—senior executives and policymakers—accountable for decisions that could lead to severe environmental destruction. Criminal law creates powerful moral as well as legal boundaries. By establishing legal consequences, we create a guardrail that compels decision-makers to prioritize safety for people and planet, fundamentally altering how they approach their obligations. We also create a route to justice for the worst harms, whether they occur in times of conflict or in times of peace.” -- JoJo Meta, Cofounder and CEO of Stop Ecocide International

WATERTODAY learned more from JoJo Meta and Stop Ecocide International about this milestone event representing a major step forward in the global effort to enshrine mass environmental destruction as a crime under international law.

On September 9, 2024, Vanuatu, Samoa and Fiji formally proposed an ecocide amendment to the Rome Statute at the International Criminal Court’s Working Group on Amendments -- using the Independent Expert Panel definition--

“Ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.

“This is an historic moment that will compel all ICC States Parties to take serious notice,” Meta said.

What is the ICC?

Established in 2002, the International Criminal Court (ICC) is the only international tribunal with jurisdiction to prosecute individuals in positions of superior responsibility for genocide, crimes against humanity, war crimes, or the crime of aggression.

Under the newly proposed ecocide legislation, such individuals could be held criminally accountable if their actions result in severe environmental damage, such as massive oil or chemical spills, the clearcutting of primary rainforests, or the destruction of entire river systems.

What happens next?

Following notification of UN Secretary General António Guterres, a formal proposal to amend the Rome Statute to include the crime of ecocide has been submitted to the ICC Assembly’s Working Group on Amendments by member state Vanuatu —a low-lying archipelago of 80 islands in Oceania– and co-sponsored by fellow Pacific island nations Fiji and Samoa, reflecting the importance of environmental justice considerations for Small Island Developing States (SIDS). Vanuatu was the first nation to call for international recognition of ecocide at the International Criminal Court in 2019.

Progress at domestic & regional levels

The last 18 months have seen a wave of new ecocide legislation making progress at domestic and regional levels. At the start of 2024, Belgium introduced a national crime of ecocide, while the European Union included a ‘qualified’ offence in its newly revised Environmental Crime Directive to tackle ‘conduct comparable to ecocide'.

The Directive was adopted with 499 votes in the European Parliament in favour, 100 against and 23 abstentions.

New ecocide legislation is advancing in other countries, including Peru, Brazil, Scotland, Italy, and Mexico. 

Significantly, last week, The Global Commons Survey 2024—a new poll by Ipsos commissioned by Earth4All and the Global Commons Alliance—revealed that 72% of people in the world’s richest countries support ecocide law. Nearly three out of four people surveyed across G20 countries (excluding Russia) backed the criminalization of actions causing widespread, long-term or irreversible harm to nature and climate.

Related from WT Archives: THE FIFTH CRIME – CREATING A LEGAL PRECEDENT FOR PROSECUTING ECOCIDE