Ecocide Activists Call for Environmental Damage to Be Treated Like War Crimes

At one of the world's first conferences on ecocide, activists called for ecocide to be made an "international crime".

The offence causes widespread, long-term and severe damage to the natural environment.

Mass deforestation, toxic air pollution and the wanton use of dangerous chemicals all fall under this definition.

Explaining the concept of "ecocide", Ecocide International, the leading activist group on the topic, says: "It literally means 'killing one's home'."

Ecocide is explicitly a crime in ten countries, including France and Armenia.

However, Ecocide International argues that regulating it at the international level is "crucial" for environmental protection.

At the "world's first international conference" on the topic, delegates sought ways to bring about this change in the rules.

The conference's concluding statement emphasizes: "As COP27 starts, global institutions and capital are repeating the same rhetoric and ensuring the continuity of the existing law to protect the existing system."

"However, it is not possible for the system to continue in this way."

"Law is not static and unchanging; it must be shaped according to needs."

 

Where Is Ecocide Already a Crime?

In some countries, domestic law already criminalizes ecocide.

Belgium is set to include the term in its new criminal code, to be finalized in the coming weeks. Those found guilty of serious and permanent damage to the environment could face ten years in prison.

In 2021, the French National Assembly approved the creation of an "ecocide" offence, punishing offenders with up to 10 years in prison and a fine of €4.5 million.

In Ecuador, the constitution guarantees the rights of nature.

Georgia, Armenia, Ukraine, Belarus, Kyrgyzstan, Moldova, Kazakhstan and Vietnam have also made deliberate environmental damage a crime. However, investigating and enforcing this crime can be difficult, especially in countries with corrupt judiciaries.

Codification is not the only form of protection against ecocide, however. In some countries, existing case law also prevents egregious environmental damage.

In recent months, Spain granted personhood status to Europe's largest saltwater lagoon.

The Mar Menor lagoon had suffered massive loss of marine life due to degradation caused by coastal development.

But the new laws codify the lagoon's right "to exist as an ecosystem and to evolve naturally", barring developers from building on its shores.

At a conference held in recent months, activists from the Stop Ecocide Foundation, the Climate Justice Coalition (İklim Adaleti Koalisyonu) and other groups came together to "learn from these examples".

It is clear that Türkiye's 1982 constitution, which prioritizes the "public interest", lends itself to the introduction of such a law.

The conference's concluding statement emphasizes: "Although not explicitly stated, the crime of ecocide is implicitly defined in the constitution."

“"Ecocideshould be a crime in Türkiye!"

What Would It Mean to Make Ecocide an International Crime?

Domestic law can make a huge difference. But activists have a much bigger dream.

Activists want ecocide to be recognized as a fifth crime by the International Criminal Court (ICC), adding it to the four core crimes under the court's jurisdiction (crimes against humanity, genocide, war crimes and the crime of aggression).

Currently, a case can be referred to the International Criminal Court (ICC) by the UN Security Council or a state party. To date, 123 states have ratified the ICC, agreeing to comply with its decisions.

If the court were given the authority to investigate ecocide, states could refer powerful politicians to the court for environmental vandalism.

For example, states and NGOs could request the prosecution of former Brazilian president Jair Bolsonaro for the mass deforestation in the Amazon rainforest.

Prosecuting companies falls outside the ICC's jurisdiction, but in principle it could prosecute company executives for crimes against nature.

This plan may be difficult to realize, since it requires two-thirds of the countries recognizing the International Criminal Court to approve recognizing ecocide as a crime. That means more than 80 countries would need to give their approval.

Nonetheless, the conference held in Türkiye concluded that this could be a game changer.

"The normative power of laws can reach far beyond litigation," it was declared.

"Ecocide must be criminalized in all legal processes in order to protect the rights of nature and punish crimes against nature."

Source:euronews

This news item was translated into Turkish by Eylül Özçep.