🔎 What’s going on?
Last week, a historic definition of the term ‘Ecocide’ was agreed upon by a panel of 12 independent legal experts from across the globe. This has the potential to turn the tide on biodiversity loss and climate change.
⚖ Wow, what does this mean?
Let’s first get some context. Ecocide is a term used to describe mass environmental destruction. This term covers a wide range of damage and destruction of ecosystems such as major oil spills, plastic pollution, heavy-net deep-sea trawling, transnational nuclear accidents, open-pit mining, deforestation, pollution from agricultural practices, and manufacturing, untreated wastewater that causes land and water pollution and industrial carbon emissions.
Today, four acts are considered international crimes under the Rome Statute: genocide, war crimes, crimes against humanity, and the crime of aggression. These crimes are dealt with by the International Criminal Court (ICC). This proposed new legal definition of ecocide means that ecocide could become the fifth international crime. The draft law 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 is the first and only crime that doesn’t require proof of harm to humans for prosecution. The definition also accounts for acts of omission, so failing to prevent a rise in greenhouse gas emissions would also be considered a crime.
In 1996, ecocide was considered for inclusion in the Rome Statute as the ICC was being established, however, it was dropped because a definition couldn’t be agreed upon.
❓ Why should I care?
In the short term, the recognition of this definition is extremely powerful for the simple reason that the legal existence of ecocide could change the behaviour of large corporations. This will hopefully provide a reason for companies to reconsider risky future projects with the potential to cause environmental destruction. It can be eye-opening for banks and insurers that finance and insure these projects too. It may even make these projects uninsurable - for example, deep-sea mining projects are fast becoming a controversial new industry.
In the long term, if and when this crime of ecocide is adopted, it could put company chief executives and state leaders on trial. For example, the current president of Brazil, Jair Balsonaro could be held accountable for his policies that have arguably led to the destruction of the Amazon. However, we are a long way away from that, as there are many hoops to jump through before ecocide becomes a crime and law.
🚦 Where do we need to be?
Turning this definition into an international crime is a long process and could take many years. It requires the ICC to adopt this definition and amend the Rome Statute. One of the 123 member countries party to the ICC would have to submit a definition to the United Nations and this would then be voted on by the members of the ICC. Once the legal text is agreed on, two-thirds of member countries must vote in favour before it can be enforced in countries. It’s also worth noting that the US, China, and India are not part of the 123 member countries.
Although the process is a long one, it’s worth the conversation it's currently generating and the broader public awareness that comes with it. Changing public consciousness is more important than the law itself.
👤 What can I do about it?
Given the climate and biodiversity crisis we are in, a quicker solution could be for individual countries to adopt ecocide as national law. Similar to the UK’s 2008 Climate Change Act.
As an individual or an organisation, work with and support the Stop Ecocide Foundation, including raising awareness with friends, family, and work colleagues.
As a company, the best thing you can do is de-risk your supply chain. By adopting principles such as the circular economy and regenerative agriculture. This is especially the case if your business is products based and your raw materials come from nature.
Related: Petersberg Climate Dialogue: a tide of hope?
Photo credit: Photo by Dmitry Grigoriev on Unsplash