Pacific Nations Push for ICC to Criminalize Ecocide, Targeting Global Environmental Destruction

Three developing nations, Vanuatu, Fiji, and Samoa, have taken significant initial steps toward redefining global responses to climate change and environmental degradation by proposing the criminalization of ecocide at the International Criminal Court (ICC). In a recent submission, they urged for “ecocide” to be recognized as a crime comparable to genocide and war crimes.

This move seeks to hold accountable individuals responsible for environmental destruction, potentially including leaders of major corporations and state officials, thus aiming to address a pressing global issue.

The proposal defines ecocide as “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.”

This definition was presented to the ICC in New York and will undergo further discussions in the coming years. While the path to formal recognition is expected to be lengthy and contentious, many countries are likely to avoid openly opposing the initiative due to the sensitivity of the topic, suggesting a cautious but hopeful international dialogue.

Philippe Sands KC, an esteemed international lawyer and professor, expressed optimism about the eventual recognition of ecocide as a crime by the ICC. He noted a positive shift in some countries adopting ecocide laws domestically, such as Belgium, while the European Union has adjusted its international crime guidelines to include ecocide as a “qualified” offense.

Other nations, including Mexico, are also considering similar legislative measures, indicating a growing acknowledgment of the urgency to address ecological harm.

Jojo Mehta, co-founder of Stop Ecocide International, emphasized the importance of the Pacific islands’ proposal as a pivotal moment in the movement to recognize ecocide legally. She highlighted that, for the first time, the ICC must officially discuss the issue, which may encourage member states to take it seriously.

Despite the lack of public opposition to the proposal, it is anticipated that industries with high emissions, such as oil companies, will lobby against the adoption of ecocide as a crime to protect their interests.

The campaign for ecocide recognition has been ongoing since 2017, with Vanuatu initiating the call for legal acknowledgment in 2019. While it may take several years, even up to a decade, for the ICC to fully consider the proposal and for charges to be brought forward, this submission is seen as vital for increasing awareness and acceptance of the concept.

Sands remarked that amending the Rome Statute, the treaty that forms the ICC’s foundation is essential for the court to meaningfully address ecocide. However, the ICC’s effectiveness is challenged by the absence of participation from major greenhouse gas emitters, including the United States, China, and Russia, limiting the court’s overall reach.