Home » Ecocide and wildlife conservation. Is international law powerful enough?

Ecocide and wildlife conservation. Is international law powerful enough?

by simon

Ecocide and wildlife conservation have a dual role to play in the future of humanity. Animals stabilise ecosystems and without them, we cannot have food security, fair climate or water. This week marks an enormous step towards getting ecocide recognised as an international crime, which would make it the fifth crime against peace, next to war crimes, crimes against humanity, genocide and the crime of aggression, all of which can be prosecuted in the International Criminal Court (ICC) in the Hague.

What is ecocide?

An international expert panel was assembled last November to define Ecocide and they have drawn up draft law, including the definition of 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 being caused by those acts.”

Ecocide: Proposed Amendments to the Rome Statute

The work, which was originally championed by the late Polly Higgins has garnered considerable global support from leaders in Europe and further afield. It would be the first international crime to be added to the ICC’s portfolio in over 80 years. However, it will still take at least a two-thirds majority of States Parties (currently 82/123) to vote in favour of the amendment, if it’s to become law.

The ICC has been criticised for not doing enough to address ecological crimes and has preferred to address these under crimes against humanity, which some authors believe could be more appropriate. It’s argued that a separate ecocide law is needed to make crimes on the environment punishable in their own right. What makes this different is that the act of ecocide affects everyone equally, whereas the other crimes tend to apply to a specific group or collection of people. It seems to make sense to separate the two and by making it punishable, would send the strongest message to world leaders and others who flout the laws and conventions set up to protect biodiversity.

As the Stop Ecocide website says:

Unlike suing and fining corporations (who simply budget for this possibility), making ecocide a crime creates an arrestable offence. It makes those individuals who are responsible for acts or decisions that lead to severe environmental harm liable to criminal prosecution.

Ecocide and wildlife conservation

As for wildlife conservation, there will be a long road ahead. It’s not widely acknowledged that animals are responsible for ecosystem stability. Crimes of ecocide might be more easily applied to the wanton killing of endangered species but it’s hard to see how it will be used to address the rapid acceleration of previously abundant animals towards mass extinction – our industrialisation of the land and sea for agriculture and fishing is destroying the very animal-led ecosystem processes that created them in the first place.

Ecocide and wildlife conservation. The importance of wildlife: Animal Impact. Tuna chasing herring. Drawing, Simon Mustoe
Worldwide, tuna populations have already collapsed and recreating viable populations and future fisheries will depend on rebuilding and protecting a whole supporting cast of rapidly declining species, including marine mammals and seabirds. Will ecocide law be powerful enough to punish fisheries that are aware of, but choose not to address the humanitarian impact that loss of ocean biodiversity has on people?

Before it’s likely that countries will support such needs in full, it will take a considerable change in human values. The whole world needs to accept the critical importance of wildlife and everyone collectively to address the problem, before anyone is likely to be held to account. And who do you take to court when every country is responsible and complicit?

But it is good news that it’s on the radar at least.

Ecocide and wildlife conservation

Independent Expert Panel for the Legal Definition of Ecocide – Printable transcript

It is widely recognised that humanity stands at a crossroads. The scientific evidence points to the conclusion that the emission of greenhouse gases and the destruction of ecosystems at current rates will have catastrophic consequences for our common environment. Read more …

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