Universally revered human rights lawyers are gathering momentum to make the destruction of ecosystems an internationally-recognised crime. In a bid to protect our global ecosystems from irreversible destruction, Phillipe Sands QC and Justice Florence Mumba are trying to legally enforce the crime of “ecocide” with equivalent prosecution to major international violations like genocide.
The drafting of the environmental initiative has received support from European citizens, and those of island nations, who are severely threatened by rising sea levels and other extreme weather conditions due to the climate crisis. The current objective of the panel is to formulate the legal terminology for “ecocide”—the criminalisation of the destruction of ecosystems—to coincide with international law.
ACCOUNTABILITY FOR ENVIRONMENTAL DESTRUCTION
Vanuatu, a small island state in the South Pacific, made waves in December 2019 when its ambassador to the European Union, John Licht, suggested at the International Criminal Court (ICC) that “acts that amount to ecocide” should be criminalised. Although small nations like Vanuatu have called for more powerful nations to reduce their emissions voluntarily, the adoption of a greener way of life has been far too slow by most.
While the climate crisis poses a real and devastating threat to many communities around the world, the significance of the dangers posed to these nations is the fact that they had little to do with the process. The risks posed to small island states, often caused by rising temperatures due to the burning of fossil fuels and deforestation, are unjust because their contribution to climate change has been significantly smaller than that of major economies.
Excessive consumption in the Global North’s industrialised countries involves major inequalities. The distribution of environmentally hazardous waste and the geographical risks associated with mass production should be considered not only a crime against the planet but also a crime against humanity. While there is blatant disregard for the environmental catastrophe that future generations will face, large corporations continue to exploit local people in developing countries for cheap labour and distance themselves from the repercussions of their actions on local ecosystems and their inhabitants. As such, including ecocide within the ICC’s purview could see state and non-state actors being held accountable for crimes of this nature.
The ICC is responsible for prosecuting some of the most serious crimes that contravene fundamental human rights: crimes against humanity, genocide, crimes of aggression, and war crimes. Similarly, ecocide could be added to this list by amending The Rome Statute—the international agreement responsible for the establishment of the ICC and the basis for its legal framework—with subsequent ratification by state parties.
Ecocide would make corporate executives and government officials criminally liable for the damage they inflict on ecosystems. Currently, citizens can pursue civil claims, if they have the means, but these almost never result in the just outcome that the claimant is hoping for. For example, the collapse of the Fundão dam in Brazil killed 19 people and poured roughly 40 million cubic metres of harmful mining waste into the community. Over 200,000 Brazilians are seeking justice for the worst environmental disaster their country has ever seen. However, no amount of compensation can remedy loss of life nor the detrimental impact that this event has had on the environment.
MOMENTOUS TIMING
Now 75 years after the beginning of the Nuremberg trials, the timing of the draft is momentous. During these trials, the terms “genocide” and “crimes against humanity” were first voiced to define the heinous crimes of the high-ranking Nazi officers standing trial. Professor Sands values the historical significance of this, stating that it is the perfect time “to harness the power of international criminal law to protect our global environment, in the shadow and spirit of those who gave us ‘crimes against humanity’ and ‘genocide’, Hersch Lauterpacht and Rafael Lemkin.”
Justice Florence Mumba, a former ICC judge at the Khmer Rouge Tribunal, former ICC judge Tuiloma Neroni Slade from Samoa, Pablo Fajardo, and with Sands are just four of the thirteen power-house panellists who will convene to make history in the upcoming months. They aim to complete the draft definition by early 2021.
The panel will have the task of officially defining “ecocide”. Furthermore, they will have the challenge of determining the actions that would constitute an offence therein. Jojo Mehta, co-founder of the Stop Ecocide Foundation, provided some clarity suggesting that there will be many “options for prosecuting corporations around the world,” but chopping down a single tree on a village green would not be considered grounds to go to the ICC. In addition, he said that “it would have to involve mass, systematic or widespread destruction,” like deforestation in the Amazon or oil spills.
The Stop Ecocide campaign was founded in 2017 by the late Polly Higgins, a UK lawyer who gave up her job and sold her house in order to finance the movement alongside Mehta. Their collective aim is to criminalise ecocide, to prevent and prohibit further devastation to life on Earth. Higgins envisaged a law that put people and planet first, serving the guaranteed protection of the future of the planet.
INTERCONTINENTAL SUPPORT
After decades of sitting on the radical side of environmental campaigning, ecocide has finally gained the parliamentary traction Higgins and Mehta were working towards. One of ecocide’s most high-profile supporters is the French President, Emmanuel Macron, who is currently looking at incorporating it into domestic law. Additionally, the two Green parties in Belgium have proposed a bill that would combat the issue on international and national levels. Even Pope Francis has called for ecocide to be recognised as an international crime, insinuating that he knows who the real climate sinners are.
Rosie is currently studying Human Rights MA at UCL, following time spent volunteering in Colombia and working in Canada. She holds a BA in French and Spanish from the University of Nottingham and is passionate about feminism, migrant and refugee issues, and the intersectionality of the climate crisis and its effect on human rights.