AN INTERNATIONAL CRIME OF
“ECOCIDE”
Prof. Christina Voigt, UiO/IOR
1. HOW TO MAKE ECOCIDE AN INTERNATIONAL CRIME?
Rome Statute of the International Criminal Court (ICC) lists four crimes:
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Genocide
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Crimes Against Humanity
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War Crimes
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Crimes of Aggression (recently added)
The Statute can be amended to add a fifth crime: ECOCIDE.
Makes those individuals who are responsible for funding, permitting or causing
severe environmental harm liable to criminal prosecution.
2. WHY AND WHAT?
“ECOCIDE”: Massive damage and destruction of ecosystems or harm to environment which is widespread,
severe or systematic.
2. WHY AND WHAT?
Report of the International Law Commission to the General Assembly on the work of its forty-third session, U.N. Doc. A/46/10 (1991), reprinted in
[1991] 2Y.B. Int’l L. Comm’n 107, U.N. Doc. A/CN.4/SER.A/1991/Add.1 (Part 2) https://legal.un.org/docs/?path=../ilc/publications/yearbooks/english/ilc_1991_v2_p2.pdf&lan g=EFSRAC
Draft Code of Crimes Against the Peace and Security of Mankind Article 26.Willful and severe damage to the environment
An individual who willfully causes or orders the causing of widespread, long-term and
severe damage to the natural environmental shall, on conviction thereof, be sentenced [to .
. . ].
1. HISTORY
2. WHY AND WHAT?
“The rules of our world are laws, and they can be changed. Laws can restrict or they can enable. What matters is what they serve. Many of the laws in our world serve property - they are based on ownership. But imagine a law that has a higher moral authority… a law that puts people and planet first.
Imagine a law that starts from first do no harm, that stops this dangerous game and takes us to a place of safety….”
Polly Higgins, 2015
2. WHY AND WHAT?
Polly Higgins, Ecocide Crime, Eradicating Ecocide,https://perma.cc/3V9H- XG9K
The Model Law – proposed amendment to the Rome Statute (2010) Ecocide crime is:
acts or omissions committed in times of peace or conflict by any senior person within the course of State, corporate or any other entity’s activity which cause, contribute to, or may be expected to cause or contribute to serious ecological, climate or cultural loss or damage to or destruction of ecosystem(s) of a given territory(ies), such that peaceful enjoyment by the inhabitants has been or will be severely diminished.
To establish seriousness, impact(s) must be widespread, long-term or severe.
3. ENVIRONMENTAL CRIMES AT THE ICC?
Article 82 War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when
committed as part of a plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, …
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the
following acts:
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
3. ENVIRONMENTAL CRIMES AT THE ICC?
ICC Policy Paper on Case Selection and prioritization, Office of the
prosecutor (2016)
4. WHERE ARE WE NOW?
4. WHERE ARE WE NOW?
QUESTIONS
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Amendment to an existing crime or new crime?
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General or special?
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Harm to environment and/or to humans?
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Severity/threshold
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Climae change
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