The tide is begining to turn. Calls to strengthen the law around corporate and environmental crime are beginning to be heard at the heart of the international justice system. Most significantly, the International Criminal Court has announced its intention to crack down on environmental destruction under its existing remit. Momentum is also building from within the IUCN at its Annual World Congress; the latest science was announced, concerning human induced ocean warming and the significant adverse impact on seas, the triggering of climate disasters and the knock-on impact for vulnerable States (see full report here). Environmental destruction comes in many guises - the crime, in this instance, is absence of prevention. This was recognised by the IUCN in their end of Congress Motion 84: Improving the means to fight environmental crime - see below.

All of this points clearly in the direction of Ecocide law.

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The Guardian: Environmental destruction and landgrabs could lead to governments and individuals being prosecuted for crimes against humanity by the international criminal court following a decision to expand its remit.

The UN-backed court, which sits in The Hague, has mostly ruled on cases of genocide and war crimes since it was set up in 2002. It has been criticised for its reluctance to investigate major environmental and cultural crimes, which often happen in peacetime.

In a change of focus, the ICC said on Thursday it would also prioritise crimes that result in the “destruction of the environment”, “exploitation of natural resources” and the “illegal dispossession” of land. It also included an explicit reference to land-grabbing.

The court, which is funded by governments and is regarded as the court of last resort, said it would now take many crimes that have been traditionally under-prosecuted into consideration.

The ICC is not formally extending its jurisdiction, but the court said it would assess existing offences, such as crimes against humanity, in a broader context. Read rest of the article here:

Guardian article

Key paragraphs in the International Criminal Court Policy Paper on Case Selection are:

Paragraph 7: The Office will also seek to cooperate and provide assistance to States, upon request, with respect to conduct which constitutes a serious crime under national law, such as the illegal exploitation of natural resources, arms trafficking, human trafficking, terrorism, financial crimes, land grabbing or the destruction of the environment.

Paragraph 41: the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.”
 
Paragraph 37.... the factors that guide the Office’s assessment include the scale, nature, manner of commission, and impact of the crimes.

ICC press release & link to Policy Paper
 
Analysis: whilst the jurisdiction of the International Criminal Court continues to be limited to the existing crimes listed in the Rome Statute, priority shall be given to prosecution of Rome Statute crimes that arise out of, or result in, destruction of the environment. The Office can only address these ancillary crimes indirectly to the  extent that the perpetrators also commit crimes falling within the  ICC’s jurisdiction (It does not mean that the ICC is now prosecuting new crimes). 

This is a very clear move by the International Criminal Court. Where national courts are failing to prosecute environmental destruction, natural resource exploitation and land grabbing, the ICC is making it explicitly clear its stance and intent to close the enormous gap between missing law and State lack of accountability. It is a very welcome step firmly in the direction of reinstatement of Ecocide, as was originally envisaged under the Rome Statute.

As has been stated before by the ICC, the Office recognises this gap: to be effective at stopping Rome Statute crimes, the relationship with other forms of crime must be mapped and strategies developed to prevent the continuation of the commission of crimes. The Office invites relevant jurisdictions and organisations to take the lead on addressing these other crimes.

One of the upshots of the recent IUCN World Conservation Congress in Hawai‘i in September 2016 was the tabling of Motion 84: Improving the means to fight environmental crime. In summary:

3. ASKS Members to support the strengthening of environmental criminal law and its effective implementation at both national and international levels; and

4. ASKS governments and legislators in each country to:

d. incorporate into local legislation, across international, bilateral or multilateral treaties, punitive measures to punish environmental crimes committed by transnational corporations.

IUCN Motion 84

 

#thisisecocide is a public awareness campaign about ecocide as the 5th crime against peace, to make extensive damage of the environment internationally illegal. It is a physical and digital designed stage to invite speakers to speak out and inform about an international ecocide law to create one united voice for Ecocide Law.

The physical stage becomes a place for specialists and organisations to inform and emphasize on the importance of ecocide law. These talks are represented as movies on www.thisisecocide.org, which should become a place to unite those speakers and organisations and create awareness about the topic. The website also generates evidence of existing ecocide due to the possibility of sending in pictures and other evidence about ecocides happening. This can become a tool to provide evidence by the inhabitants, who are directly affected by ecocide. Through this an archive of evidence starts to exist which could be used in future trials.

Together we can make this possible lets become one united voice for Ecocide Law.

Backstory: 6 months ago student Bernhard asked ICC prosecutors why are they not prosecuting environmental crimes - today for International Peace day he's launched his project, "This is Ecocide", in support of Ecocide law. "This is Ecocide" is his final year degree project at the Design Academy Eindhoven, where his work has won him and his team the Rene Smeets Award. The award is given to the most professional new work coming out of the Design Academy Eindhoven. Bernhard, a physical narrative designer, tells us it symbolises that the future role of designers is beginning to change.

From 23rd - 25th of September, Bernhard's Degree Project will be presented in the Museon in The Hague, as part of the exhibition “Visualizing Peace & Justice”. Each designer has worked in their unique way to express the core values of Peace & Justice. You can be part of his project here: thisisecocide.org Please also like and share his facebook here: facebook.com/thisisecocide