Adapted photo by: Tori Rector via Flickr (CC BY-SA 2.0).
In June 2021, an Independent Expert Panel for the Legal Definition of Ecocide produced a definition and proposed a draft amendment to the Rome Statute. This amendment identifies ecocide among the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.
Set up by the Stop Ecocide Foundation, this panel defines ecocide as an “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”. The Stop Ecocide International has also set up the Ecocide Law website as a “comprehensive resource hub providing a regularly updated collection of academic and legal material relating to ‘ecocide’ law, including definition(s), history, research articles, existing laws and related topics”.
Whereas most environmental laws fine companies or governments for environmental damage, ecocide laws can lead to imprisonment. Nationally, several countries have already codified ecocide as a crime. One example is the French Climate & Resilience Act. Despite not fully adopting the ecocide law proposed by the French Climate Assembly, this Act can lead to a 10-year prison term for serious environmental offenses. Challenges in criminalizing ecocide include lack of consensus on the magnitude of environmental damage, and on who is to be held legally responsible. As a consequence, this process leads to different developments globally.
Apart from potentially diminishing corporate immunity for destructive actions, an ecocide law acts as a legal mechanism to protect the well-being of future generations. Embedding the rights of future generations in the legal system is a proposed design principle that deepens democracy and strengthens intergenerational justice. Additionally, beyond its preventive character, such a law can contribute to climate adaptation efforts by granting reparations to victims, and funding restoration projects.
