Why ‘ecocide’ needs to become an international crime

And how one British lawyer is working to make that happen.

criminal law pyramidCC BY 4.0 Mission Life Force

In 1996, the Rome Statute was signed by 123 nations. It states that there are four ‘crimes against peace’, or atrocities, as we might call them in everyday speech. These are genocide, crimes against humanity, war crimes, and crimes of aggression. These are the sorts of acts that no one disputes because they’re incontrovertibly viewed as wrong and will be tried at the International Criminal Court (ICC) in the Hague.

Originally there was supposed to be a fifth item – ecocide. Ecocide is defined as “loss or damage to, or destruction of ecosystems of a given territory, such that peaceful enjoyment by the inhabitants has been or will be severely diminished.” It was removed at a late stage in drafting, due to pressure from the Netherlands, France, and the UK.

Rome Statute amendment

As the threat of climate change becomes more real, there is growing pressure to have the Rome Statute amended to include ecocide. In the words of British environmental writer George Monbiot, this would change everything.

“It would make the people who commission it – such as chief executives and government ministers – criminally liable for the harm they do to others, while creating a legal duty of care for life on Earth…

It would radically shift the balance of power, forcing anyone contemplating large-scale vandalism to ask themselves: ‘Will I end up in the international criminal court for this?’ It could make the difference between a habitable and an uninhabitable planet.”

Right now, there is little to no incentive for companies to change their environmentally-devastating ways. If citizens (with time and money) pursue civil suits against them, they might get fined a small amount (for which they’ve already budgeted); but their CEOs face no lasting punishment, despite the fact that their decisions affect the wellbeing of billions. MORE

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