Daniel Bertram, The First Ecocide Treaty?, EJIL:Talk! (Jun. 2025)

This blog post examines the Council of Europe’s newly adopted Convention on the Protection of the Environment through Criminal Law (2025) in the context of the rapidly evolving ecocide debate. Amid growing global momentum—marked by Vanuatu’s proposal to amend Article 5 of the Rome Statute, the European Union’s expanded Environmental Crime Directive, and the anticipated ICC Policy on Environmental Crimes—the Convention constitutes a significant, yet under-acknowledged, milestone in international environmental criminal law. Drawing on the Convention’s complex history, this analysis traces its development from the failed 1998 treaty to its modern revival, emphasizing both continuities and innovations. Particular attention is paid to the Convention’s adoption of EU legal standards, its expanded list of criminal offenses, and its approach to ecocide. Regardless of the Convention’s eventual political success, it illustrates how the formerly niche field of environmental criminal justice is expanding and changing rapidly in response to a general lack of environmental accountability. It is high time for scholars to look behind the ecocide headlines and pay closer attention to these larger transformations.