Diana Kibuuka
The three countries; Vanuatu, Fiji and Samoa have submitted a court proposal for recognition of ecocide as a punishable criminal offence in the International Criminal Court.
In a submission to the International Criminal Court Assembly’s Working Group on Amendments, on Monday afternoon in New York, they propose a change in the rules to recognize “ecocide” as a crime alongside genocide and war crimes.
Although the proposal’s full discussion process may not be that quick and likely to face objection, especially from big environmental destructors, Judy Foster Head of Operations and international Outreach at Stop Ecocide Foundation, describes it as a ‘HUGE’ step forward for ecocide law.
You can also listen to Judy on; Why the Ecocide law is as important as the Genocide law; https://www.buzzsprout.com/2109545/14166499
If successful, the change could allow for the prosecution of individuals who have brought about environmental destruction, such as the heads of large polluting companies, or heads of state.
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 clear cutting of primary rain forests, 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, saya that, having ecocide now on the agenda of the Statute of the ICC, 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 recognize 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, “stressed Philippe.
Jojo Mehta, Co-founder and CEO of Stop Ecocide International, says Introducing ecocide as an international crime is crucial because its creates a route to justice for the worst harms, whether they occur in times of conflict or in times of peace.
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 their island economy, submerging their 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.
Ralph adds that, it’s important that the international community takes this conversation seriously, and urges 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.
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.
Remarkable Progress
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.
At the beginning of this month, 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.
Also Read: https://dinasplanet.org/2023/01/08/framing-ecocide-into-the-international-criminal-court/
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