Mass environmental destruction may soon be an international crime

A new proposed legal definition for ecocide may soon recognise environmental destruction as severe as war crimes and genocide. The proposed legal definition has been unveiled by a group of 12 lawyers from around the world and marks of monumental moment in efforts to legally protect our natural world.

Currently there are four crimes protected by the international criminal court: genocide, war crimes, crimes against humanity and the crimes of aggression. The independent expert panel of lawyers, spent 6 months preparing the 165-word definition to provide a basis for the consideration of a new international crime.

The current draft defines ecocide as “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 would mean, that our planet, when harmed, would share the same legal rights as human harm in terms of prosecution.

So, what happens next?

A lot. In reality, there are many steps legal bodies will need to take before adopting this new proposal. To start, the international criminal courts, home to 123-member countries, which do not include U.S, China or India, would need to accept the ecocide definition and amend the Rome Statute.

What is the Rome statute? “The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute.”

Prof Philippe Sands QC, of University College London, who co-chaired the panel that spent the past six months hammering out the definition, said:

“The four other crimes all focus exclusively on the wellbeing of human beings. This one of course does that but it introduces a new non-anthropocentric approach, namely putting the environment at the heart of international law, and so that is original and innovative.

For me the single most important thing about this initiative is that it’s part of that broader process of changing public consciousness, recognising that we are in a relationship with our environment, we are dependent for our wellbeing on the wellbeing of the environment and that we have to use various instruments, political, diplomatic but also legal to achieve the protection of the environment.”

This historic moment for environmentalists, also championed by the Pope and French president Emmanuel Macron can help build a workable legal framework to start from. If done correctly, it can help us protect our ecosystems and hold those accountable who destroy them knowingly.

14.09.2021 UPDATE: The UK government will be discussing ecocide as part of the Environemnt Bill, Amendment 126. The aim of the discussion will be to establish ecocide as a criminal offence. National and international laws are in place to contribute to the protection of the natural systems upon which our well-being depends, yet it is apparent that such laws are inadequate; more is needed. Bringing these conversations into the House of Lords, is a great step in the right direction to legitimise ecocide as a crime. You can read more about the amendments to the bill here.