History

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.

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.”

The Russian Federation includes a crime of ecocide in its domestic law. Article 358 of the Criminal Code provides: “Massive destruction of the animal or plant kingdoms, contamination of the atmosphere or water resources, and also commission of other actions capable of causing an ecological catastrophe, shall be punishable by deprivation of liberty for a term of 12 to 20 years.”

The Kyrgyz Republic codifies ecocide in its domestic law. Article 374 of the Criminal Code states, “Massive destruction of the animal or plant kingdoms, contamination of the atmosphere or water resources, and also commission of other actions capable of causing an ecological catastrophe, shall be punishable by deprivation of liberty for a term of 12 to 20 years.”

Tajikistan codifies ecocide in its domestic law. Article 400 of the Criminal Codes states, “Mass destruction of flora and fauna, poisoning the atmosphere or water resources, as well as commission of other actions which may cause ecological disasters is punishable by imprisonment for a period of 15 to 20 years.”

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”.

Moldova codifies the crime of ecocide in its domestic law. Article 136 of the Criminal Code states, “Deliberate mass destruction of flora and fauna, poisoning the atmosphere or water resources, and the commission of other acts that may cause or caused an ecological disaster shall be punished by imprisonment for 10 to 15 years.”

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”.

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).

Vanuatu and the Maldives call for consideration of adding the crime of ‘ecocide’ to the Rome Statute at the 18th Meeting of the ICC Assembly of States Parties.

VANUATU
Official statement

MALDIVES:
Official statement