Mass destruction of nature reaches International Criminal Court (ICC) as Pacific island states propose recognition of “ecocide” as international crime.
Summary:
Milestone for environmental justice as amendment proposed to the Rome Statute of the ICC to include a crime of ecocide.
Vanuatu key sponsor of historic proposal to hold senior officials and decision-makers accountable and punishable for the most severe crimes against the environment
The ICC has international jurisdiction to prosecute genocide, crimes against humanity, war crimes and the crime of aggression. Ecocide, if adopted, would become the fifth international crime.
NEW YORK, 09 SEPTEMBER 2024: Today, the crime of ecocide was formally introduced for consideration by member states of the International Criminal Court (ICC) —an event that represents a major step forward in the global effort to enshrine mass environmental destruction as a crime under international law.
‘Ecocide’, as proposed by Vanuatu, Fiji and Samoa, is defined 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 definition emerged in 2021 from an Independent Expert Panel of top lawyers from around the world, convened by the Stop Ecocide Foundation, and has gained significant legal and political traction.
Established in 2002, the 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.
Professor Philippe Sands KC, Professor of Law at University College London and Co-chair of the Independent Expert Panel for the Legal Definition of Ecocide, said, “There is a manifest gap in the Statute of the ICC, and Ecocide is now firmly on the agenda, a vital and necessary moment for an effective international law. This development reflects a growing recognition that severe environmental destruction deserves the same legal accountability as other grave international crimes that focus on the human. I urge member states to support this initiative, to recognise that the Rome Statute as drafted cannot adequately address environmental harms, and that this is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so."
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.
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.
Jojo Mehta, Co-founder and CEO of Stop Ecocide International, said: “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. The primary goal is ultimately protective: it's deterrence. Criminal law creates powerful moral as well as legal boundaries, making it clear that extreme levels of harm are not just unlawful but totally unacceptable. By establishing legal consequences, we create a guardrail that compels decision-makers to prioritise 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.”
The proposal to amend the Rome Statute comes at a critical point in the ICC’s history, which has faced international scrutiny in recent months, with US lawmakers threatening sanctions after the court announced it was seeking arrest warrants for Israel’s highest officials, including Prime Minister Benjamin Netanyahu, alongside Hamas's leaders over alleged war crimes and crimes against humanity in the Gaza conflict. The court has also issued an arrest warrant for Russian President Vladimir Putin to member states, citing crimes against humanity committed during the conflict with Ukraine.
Ralph Regenvanu, Special Envoy for Climate Change and Environment for the Republic of Vanuatu, said, "Environmental and climate loss and damage in Vanuatu is devastating our island economy, submerging our territory, and threatening livelihoods. This tragedy is not unique to Vanuatu but is shared by many small island nations that, despite bearing the least responsibility for the crisis, suffer most from its impacts.
“We are taking bold and necessary action to address these challenges and encourage other vulnerable states to take note of our newly tabled proposal to bring ecocide to the ICC. Vanuatu considers it imperative that the international community takes this conversation seriously, and we warmly invite all member states to engage. Legal recognition of severe and widespread environmental harm holds significant potential to ensure justice and, crucially, to deter further destruction.
"As the first nation to call for the inclusion of ecocide as a crime at the ICC in 2019, Vanuatu remains committed to addressing these critical issues at the highest level. We urge ICC member states to take note of the very substantial civil society support for this initiative around the world as it moves forward in this crucial discussion.”