DRC Says 'Yes': So Should Ecocide be an International Crime?
In the face of escalating environmental disasters and biodiversity loss exacerbated by the climate crisis, a potent new legal framework has emerged: ecocide.
This framework aims to attribute these drastic changes to those on whom the responsibility falls – decision-makers in power.
From government officials to big energy sector CEOs, this legal tool seeks accountability for the damage their decisions may cause to the environment.
Exploring the Definition of Ecocide
Ecocide pertains to the wide-reaching, severe, or repeated environmental destruction and is proposed as an international law to protect the environment during times of both peace and conflict.
Although not yet recognised in peacetime, it's currently acknowledged as a war crime under the Rome Statute.
The proposed definition for ecocide by a panel of independent experts in 2021 is "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".
This concept spans various causes including warfare, pollution, overuse of natural resources and significant industrial accidents.
The idea was first made prominent by Olof Palme, the former Prime Minister of Sweden, during the 1972 UN Conference on the Human Environment, advocating for a universal movement against environmental damage, which set the stage for potential legal reforms.
In 2023, the European Union included 'conduct comparable to ecocide' in its revised Environmental Crimes Directive, and several countries globally are contemplating or have already criminalised it as a national offence.
Notable among these is France, the first EU nation to do so in 2021, followed by others like Belgium, Brazil, and the Netherlands pondering similar legislation.
DRC Advocates for Global Recognition of Ecocide
A significant development occurred at the 2024 United Nations Biodiversity Conference (COP16), where the Democratic Republic of the Congo (DRC) affirmed its support for classifying ecocide as an international crime.
This endorsement, primarily influenced by a proposal from Vanuatu, Fiji and Samoa to amend the Rome Statute of the International Criminal Court (ICC), marks a significant stride towards integrating severe environmental damage into global criminal law.
“I would really like the Democratic Republic of Congo, when there is a violation of ecosystems, for those responsible to be punished and held accountable for their actions, and for the destruction of ecosystems to be made a crime recognised under Article 7 of the Rome Statute of the International Criminal Court,” said DRC Minister of the Environment Ève Bazaiba in a statement given at a dedicated press conference.
With its vast rainforests and exceptional biodiversity, the central African nation faces serious environmental threats including from deforestation, illegal mining and climate change.
Eve added: “By supporting this initiative, we protect our natural heritage and send a clear message that environmental crimes will not go unpunished.”
Reaction to DRC’s ecocide move
Ralph Regenvanu, Special Envoy for Climate Change and Environment from Vanuatu, says: “The DRC's support for the historic proposal from Vanuatu, Fiji and Samoa represents a decisive milestone in the global mission towards the recognition of ecocide.
“This gesture not only demonstrates remarkable solidarity from a Central African state towards vulnerable island nations in the Pacific but also a firm commitment to environmental justice at the international level.”
Jojo Mehta, Co-Founder & CEO of Stop Ecocide International, adds: “By supporting the recognition of ecocide as an international crime, the DRC is showing the way forward for other African nations.
“This strong stance sends a clear message: protecting our planet and those that come after us must become a global priority.”
Patricia Willocq, Francophone Countries Director at Stop Ecocide International, continues: “By supporting the recognition of ecocide as an international crime, the DRC is not only protecting its unique ecosystems but also future generations.
“This historic commitment reflects a determination to ensure that the rights of nature are respected and enshrined in international law.”
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