Pacific Island States propose that ecocide be adopted as a crime under ICC
Posted: 16th September 2024
UNFOLD ZERO Newsletter
Adding ecocide as the fifth major crime under the International Criminal Court would allow for prosecution of individuals responsible for causing severe damage to the environment.
Dear Peter Gloyns,
On Monday this week (Sep 9), three Pacific Island States – Vanuatu, Fiji and Samoa – proposed to the International Criminal Court (ICC) that ecocide be added to the crimes that come under its jurisdiction.
If adopted by the States Parties to the ICC, this would allow for the prosecution of individuals who are responsible for causing ‘severe, wide-spread or long-term damage’ to the environment, such as the CEOs of large polluting companies or heads of state.
Vanuatu has invited all States Parties of the ICC to enter into discussions on the proposal with a view to its adoption. The next Assembly of States Parties to the ICC will be held in the Hague from December 2-7, 2024.
Ensuring environmental justice and deterring further destruction
“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. Legal recognition of severe and widespread environmental harm holds significant potential to ensure justice and, crucially, to deter further destruction.”
Ralph Regenvanu, Special Envoy for Climate Change and Environment for the Republic of Vanuatu.
“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. Legal recognition of severe and widespread environmental harm holds significant potential to ensure justice and, crucially, to deter further destruction.”
Ralph Regenvanu, Special Envoy for Climate Change and Environment for the Republic of Vanuatu.
Developing Ecocide Law
The Pacific Islands’ initiative builds on years of advocacy led by Stop Ecocide International (SEI) and the Stop Ecocide Foundation, supported by others including some of the UNFOLD ZERO cosponsoring organizations.
The Foundation established an Independent Expert Panel of lawyers to define and outline the legal basis for the crime of ecocide, and SEI has campaigned for the adoption of ecocide laws in national and regional jurisdictions (in addition to the ICC), with success in a number of domestic and regional parliaments.
“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,” says Jojo Mehta, Co-founder and CEO of Stop Ecocide International and Chair of the Stop Ecocide Foundation. “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.”
Ecocide and MEGA
In March this year a number of UNFOLD ZERO organizations joined with others to launch Mobilizing an Earth Governance Alliance (MEGA), a coalition of civil society organizations working in cooperation with like-minded governments and other stakeholders to strengthen environmental governance.
Stop Ecocide is one of the campaigns featured by MEGA along with proposals for effective earth governance mechanisms to ensure better protection of the environment.
“Adopting ecocide as a crime under the jurisdiction of the ICC is an important measure to ensure legal accountability of individuals regarding acts which would severely harm the environment,” says Alyn Ware, Co-founder of UNFOLD ZERO and Steering Committee Member of MEGA .
“This complements efforts to ensure legal accountability of States to prevent severe harm to the environment, such as the Climate Change case in the International Court of Justice (ICJ) which is also being led by Vanuatu, the proposal for all multilateral environment treaties to include ICJ jurisdiction for environmental disputes and the proposal to establish an International Court for the Environment.”
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