History

1946

UNGA Resolution A/RES/94(1) of 11 December 1946 the UN, inspired by the work of the Nuremberg and Tokyo Tribunals, contributed to an emerging international criminal law by reaffirming the principles of international law recognised by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal, and gave directions to “treat as a matter of primary importance plans for the formulation, in the context of a general codification of offences against the peace and security of mankind, or of an International Criminal Code, of the principles recognised in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal”

1947

UNGA Resolution A/RES/177 (II) of 21 November 1947 directed to ILC to prepare a Draft Code of offences against the peace and security of mankind

1948 Genocide Convention Takes Place

1948

UNGA Resolution A/RES/260(III)B of 9 December 1948 invited the ILC to “study the desirability and possibility of establishing an international judicial organ for the trial or persons charged with genocide or other crimes over which jurisdiction will be conferred upon that organ by international conventions” and requested the ILC “in carrying out this task, to pay attention to the possibility of establishing a Criminal Chamber of the International Court of Justice”

1951

First Draft ICC

In the Code of Offences against the Peace and Security of Mankind, genocide was defined in accordance with the Genocide Convention as ‘acts by the authorities of a State or by private individuals, committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such’. This broad acceptance was reflected in the literal inclusion of the definition of genocide in statutes of the ICTY, ICTR, and ICC. There was also very little debate about this definition, confirming that state involvement is not required as a legal element of this crime. (Organizing Rebellion: Non-State Armed Groups under International Law, by Tilman Rodenhäuser)

1954

First Draft Code of Offences against Peace and Security of Mankind contain 4 articles but work was interrupted owing to lack of agreement on the concept of aggression and later because of the power politics of the Cold War (resulting lack of political will to proceed development) (The Institutionalization of the International Criminal Court, by Salla Huikuri).

1955 Vietnam War

1970 First coining of the term ‘ecocide’

Professor Arthur W. Galston coined ‘ecocide’ at the Conference on War and National Responsibility in Washington, where he also proposed a new international agreement to ban ecocide. Galston was a US biologist who identified the defoliant effects of a chemical later developed into Agent Orange. Subsequently a bioethicist, he was the first in 1970 to characterise massive damage and destruction of ecosystems as ecocide

1972: Reference to events occurring in Vietnam War as ‘ecocide’ by the Prime Minister of Sweden

In his opening speech at the United Nations Stockholm Conference on the Human Environment (which adopted the Stockholm Declaration), Prime Minister Olof Palme referred to the Vietnam war as ecocide. Ecocide was also discussed in the unofficial events running parallel to the official conference. However, there was no mention of ecocide in the official outcome document of the Stockholm conference.

1973: Richard Falk proposes an International Convention on the Crime of Ecocide

Professor Richard Falk proposes an International Convention on the Crime of Ecocide, in an article published by the Revue Belge de Droit International. He is one of the first to formally outline a definition for ‘ecocide’.

1978: UN Sub-Commission on Prevention of Discrimination and Protection of Minorities proposes adding ‘ecocide’ to the Genocide Convention

The Sub-Commission prepared a study (pp 128-134) for the UN Human Rights Commission discussing the effectiveness of the Genocide Convention, proposing the addition of ecocide, as well as the reintroduction of cultural genocide, to the list of prohibited acts.

1985: The addition of ‘ecocide’ to the Genocide Convention is rejected

UN Special Rapporteur on genocide Benjamin Whitaker suggests a definition of ‘ecocide’ to add to the Genocide Convention, following the recommendation of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities 1978 study.The inclusion of a crime of ecocide in the Genocide Convention is ultimately not adopted or pursued further by the Sub-Commission.

1990: Vietnam becomes the first State to codify ecocide in its domestic law

Vietnam codifies ecocide in its domestic laws. According to Article 278 of the Criminal Code, “Those who, in peace time or war time, commit acts of annihilating en-mass population in an area, destroying the source of their livelihood, undermining the cultural and spiritual life of a country, upsetting the foundation of a society with a view to undermining such society, as well as other acts of genocide or acts of ecocide or destroying the natural environment, shall be sentenced to between ten years and twenty years of imprisonment, life imprisonment or capital punishment.”

1991: The International Law Commission (“ILC”) includes article 26: “willful and severe damage to the environment” in its Draft Code of Crimes Against the Peace and Security of Mankind.

The International Law Commission includes article 26: “willful and severe damage to the environment” in its Draft Code of Crimes Against the Peace and Security of Mankind. This draft states: “An individual who willfully causes or orders the causing of widespread, long-term and severe damage to the natural environment shall, on conviction thereof, be sentenced.”

1996: The ILC rejects the independent crime of ecocide under Article 26 of the Draft Code

The ILC Draft Code is reduced to four crimes (the same four that are presently found in the Rome Statute: aggression, genocide, crimes against humanity, and war crimes). The ILC Chairman Ahmed Mahiou unilaterally decides to remove the environmental crimes as a separate provision. With this option excluded, the Drafting Committee instead votes on whether to include environmental damage within the context of ‘war crimes’ or to include it under ‘crimes against humanity’. The decision is to only include environmental damage in the context of war crimes.

1996: The Russian Federation codifies the crime of ecocide in its domestic law

Article 358 of its Criminal Code provides: “massive destruction of the fauna and flora, contamination of the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe, constitutes a crime against the peace and security of mankind”.

1997: Kazakhstan codifies ecocide in their domestic law

Article 161 of its Criminal Code states, “Mass destruction of plant or the animal world, poisoning of the atmosphere, land or water resources, and also the commission of other offences, caused or able to cause ecological disaster are punished with the deprivation of liberty for a period from 10 to 15 years.”

1998: Statute of International Criminal Court (“ICC”) adopted in Rome (“Rome Statute)

After a five-week diplomatic conference in Rome, 120 states adopted a Statute establishing the International Criminal Court (“Rome Statute”). The Statute addresses environmental damage only in the context of war crimes.

1999: Georgia codifies the crime of ecocide in its domestic law

Article 409 of its Criminal Code states, “Ecocide i.e. contamination of atmosphere, soil, water resources, mass destruction of flora and fauna or any other action that could have led to an ecological disaster – shall be punished by imprisonment for a term of twelve to twenty years”. Notably, “The same act committed during armed conflicts – shall be punished by imprisonment for a term of fourteen to twenty years, or with life imprisonment.”

1999: Belarus codifies the crime of ecocide in its domestic law

Ecocide is defined in article 131 of its Criminal Code as “mass destruction of the fauna and flora, pollution of the atmosphere and water resources as well as any other act liable to cause an ecological disaster”.

2001: Ukraine codifies the crime of ecocide in its domestic law

Article 441 of the Criminal Code provides: “Mass destruction of flora and fauna, poisoning of air or water resources, and also any other actions that may cause an environmental disaster shall be punishable by imprisonment for a term of eight to fifteen years”

2002: Entry into force of Rome Statute: genocide, crimes against humanity, war crimes

Entry into force of Rome Statute, July 1st.

2003: Armenia codifies the crime of ecocide in its domestic law

Article 394 of its Criminal Code states: “Mass destruction of flora or fauna, poisoning the environment, the soils or water resources, as well as implementation of other actions causing an ecological catastrophe is punished with imprisonment for the term of 10 to 15 years”.

2013: The Prosecutor of the International Criminal Court releases a Policy Paper on Preliminary Examinations

This paper states that the impact of a crime is a factor in assessing gravity, and that: “The impact of crimes may be assessed in light of, inter alia, the sufferings endured by the victims and their increased vulnerability; the terror subsequently instilled, or the social, economic and environmental damage inflicted on the affected communities” (para 65).

2016: The Prosecutor of the International Criminal Court releases a Policy Paper on Case Selection and Prioritisation.

This paper states that the impact of a crime is a factor in assessing gravity, and that: “The impact of the crimes may be assessed in light of, inter alia, the increased vulnerability of victims, the terror subsequently instilled, or the social, economic and environmental damage inflicted on the affected communities. In this context, 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” (para. 41).

2018: Entry into force of 4th Rome Statute crime: crime of aggression

Polly launches preliminary investigation of 3 suspects of climate ecocide; two side events on the Policy Paper at the 17 th Session of the ASP of the ICC in The Hague

2019: 18th Meeting of the Assembly of State Parties

Vanuatu and the Maldives call for consideration of adding the crime of ‘ecocide’ to the Rome Statute

19th Meeting of the Assembly of State Parties

Belgium calls for consideration of adding the crime of ‘ecocide’ to the Rome Statute.