Sovereign states call on ICC to seriously consider ecocide crime – UK & French Governments reject concept of “ecocide crime”

Earth protectors report.

Ambassador John Licht of Vanuatu, speaking on behalf of his government to the full plenary session of the Assembly, declared: “An amendment of the Rome Statute could criminalise acts that amount to ecocide. We believe this radical idea merits serious discussion.”

This came in the context of Vanuatu’s declared commitment to universal justice for the most serious crimes, and also the observation that sea level rise and other impacts of climate change continue to compromise Vanuatu’s ability to achieve sustainable development under the 2030 SDG Agenda.

For our team this signifies a sea change in the weight and credibility of the conversation around ecocide crime, a change that was underlined within days by the official government statement from the Maldives strongly echoing Vanuatu’s call.

The statement issued by Maldives, a State Party to the Rome Statute of the International Criminal Court (ICC) since 2011, read; “We believe the time is ripe to consider an amendment to the Rome Statute that would criminalise acts that amount to ecocide.” The statement was issued by Mr. Ahmed Saleem, Member of Parliament and Chair of the Parliamentary Standing Committee on Climate Change and Environment. In it he emphasised the life-or-death situation faced by his people and was critical of the lack of international action on climate change.

All the events we participated in during the week of the ICC’s Assembly were very well attended. Vanuatu’s statement came shortly after a side event hosted by the island Republic on “Investigating & Prosecuting Ecocide: the current and future role of the ICC”.  The event was chaired by Ambassador Licht and featured Pacific speakers from Tuvalu and new ICC member state Kiribati, whose accession to the ICC’s Rome Statute took place just last month following a key roundtable meeting in Vanuatu’s capital Port Vila earlier this year. Also speaking were French lawyer Valérie Cabanes, Chilean lawyer Rodrigo Lledó, international criminal barrister Richard Rogers and our own co-founder Jojo Mehta. 

Reflecting afterward on the charged atmosphere at the event, Jojo said: “This is an idea whose time has not only come, it’s long overdue. It’s committed and courageous of Vanuatu to take the step of openly calling for consideration of a crime of ecocide, and it was clear from the response today that they will not be alone. The political climate is changing, in recognition of the changing climate.  This initiative is only going to grow – all we are doing is helping to accelerate a much-needed legal inevitability.”

A political afterward…

Both UK and French governments rejected ecocide law on Thursday 12th December.  In the UK this was simply the result of the electorate handing government to the Conservative party which has recently stated it “does not recognise the term ecocide“.

In France the government has engaged rather more deeply – a law of ecocide was actually proposed to the national assembly by the socialist party but was rejected.

French President Macron and UK Prime Minister Johnson

Two very different levels of engagement – at least in France the conversation around ecocide is being taken very seriously – but both highlight for us that approaching this law from the international perspective is essential.  Individual jurisdictions have trouble mustering the courage to take this vital step to protect our planet.  By contrast, taking this forward at the International Criminal Court creates safety in numbers, as an international crime by definition requires support of multiple states and so no one state needs to feel “out on a limb”.

Thanking all Earth Protectors – and reaching out

We could not have made the incredible progress we have if it wasn’t for all our signed up Earth Protectors – your donations enable us to do what is usually the exclusive privilege of wealthy corporations… advocate for a law to suit us.  And the “us” we mean is a very different one to the corporate lobbyists. We mean all of us – humans, animals, trees, insects, rivers, land and sea, the ecosystems of Earth… the natural living world.

As is the case every year at the International Criminal Court, our week in The Hague takes us forward in strides – and exhausts our funds.  It stretches our team and makes us realise what further help we need as we expand.  And with state support for ecocide law now visible on the international stage, we are moving into the fast lane.

So now is the time to sign up your networks, or to tap that wealthy relative on the shoulder and suggest they visit our donate page… or contact us for a personalised communication of what would best benefit the work going forward.