A group of activists already has.
Since August, as vast stretches of the Amazon rainforest were being reduced to ashes and outrage and calls for action intensified, a group of lawyers and activists who have been advancing a radical idea have seen a silver lining in the unfolding tragedy: One day, a few years from now, they imagined Brazil’s president, Jair Bolsonaro, being hauled to The Hague to stand trial for ecocide, a term broadly understood to mean the willful and widespread destruction of the environment, and one that, they hope, will eventually be on par with other crimes against humanity.
There is no international crime today that can be used to neatly hold world leaders or corporate chief executives criminally responsible in peacetime for ecological catastrophes that result in the type of mass displacements and population wipeouts more commonly associated with war crimes. But environmentalists say the world should treat ecocide as a crime against humanity — like genocide — now that the imminent and long-term threats posed by a warming planet are coming into sharper focus.
In Mr. Bolsonaro they have come to see something of an ideal villain tailor-made for a legal test case.
“He has become a poster boy for the need for a crime of ecocide,” said Jojo Mehta, the co-founder of Stop Ecocide, a group that is seeking to give the International Criminal Court in The Hague the jurisdiction to prosecute leaders and businesses that knowingly cause widespread environmental damage. “It’s awful, but at the same time it’s timely.”
In his keynote address at the conference, Mr. Palme argued that the world urgently needed a unified approach to safeguard the environment. “The air we breathe is not the property of any one nation, we share it,” he said. “The big oceans are not divided by national frontiers; they are our common property.” That idea got little traction at the time and Mr. Palme died in 1986 having made little headway in the quest to establish binding principles to protect the environment.
During the 1980s and 1990s, diplomats considered including ecocide as a grave crime as they debated the authorities of the International Criminal Court, which was primarily established to prosecute war crimes. But when the court’s founding document, known as the Rome Statute, went into force in 2002, language that would have criminalized large-scale environmental destruction had been stripped out at the insistence of major oil producing nations.
In 2016, the court’s top prosecutor signaled an interest in prioritizing cases within its jurisdiction that featured the “destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.”