Large-scale environmental destruction affects the future of all life on our planet. Criminalising it would finally hold decision-makers to account
An international team of lawyers co-chaired by Philippe Sands QC and Dior Fall Sow has presented the outcome of its work announced in November last year to develop a legal definition of ecocide. This is a crucial step towards adding ecocide to the list of other major offences recognised by the international criminal court (ICC), including crimes against humanity, war crimes and genocide.
Making large-scale destruction of nature and its associated loss of biodiversity an international crime means that individuals, not legal entities, can be personally held accountable and prosecuted if found guilty. This implies that responsibility for damage cannot be dealt with by budgeting for potential fines. Corporations very rarely intend to cause mass damage and destruction; rather, it is a consequence of their activities. The proposed definition of ecocide describes the crime as one of recklessness; the perpetrator acted in the knowledge that there was “substantial likelihood” of serious harm arising from their conduct, but they acted anyway.
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