Can Ecocide become an international crime like Genocide?

Ecocide – a newly recognized crime that refers to the deliberate destruction of the environment. Similar to genocide, which targets groups of people, ecocide targets the environment, aiming to cause severe harm or damage.

Three countries—Vanuatu, Fiji, and Samoa—are now pushing for ecocide to be recognized as an international crime. Despite being small Pacific islands, they have taken a significant step in leading this global effort.

They have submitted a proposal to the International Criminal Court (ICC). If the Court approves it, ecocide could soon be classified as an international crime, alongside genocide. However, the question remains: will this change make a difference?

During the height of the Vietnam War, amidst intense fighting, the United States unleashed a silent killer: Agent Orange. This potent herbicide was released in staggering quantities—20 million gallons in total.

It was used to destroy crops and clear forest cover, aiming to expose Vietnamese troops. However, what they didn’t anticipate were the devastating effects—not only on the enemy but also on their own soldiers.

Agent Orange contained dioxin, one of the most toxic chemicals known to man. Those exposed to it endured years of suffering, but its impact extended beyond people—it scarred the planet. Forests were decimated, and entire ecosystems were destroyed.

In 1970, American biologist Arthur Galston coined the term “Ecocide” to describe this widespread environmental destruction. So, what exactly does Ecocide mean?

The term refers to any act that causes significant damage to the ecosystem. This can include events like massive oil spills, deforestation, or the use of toxic chemicals. If it deliberately harms the environment, it is considered Ecocide.

Is Ecocide recognized as a crime? Currently, it is a criminal offense in over 12 countries, including Belgium, which enacted the law this year. The punishment can be up to 20 years in prison, with fines reaching $1.8 million. Ecocide is also a crime in Russia and Ukraine, and similar legislation is being developed in Brazil and Mexico.

Can Ecocide become an international crime like Genocide? — Criminalising ecocide would give everyone on this planet the ability to hold companies and governments to account for starting or continuing with the extraction of fossil fuels, writes Parker [Mike Kemp/ Getty Images]

This brings us to Vanuatu, Fiji, and Samoa—low-lying island nations in the Pacific facing a significant threat from rising sea levels. If current trends continue, these countries could be submerged in the future. This dire situation is why they are advocating for radical change.

They are seeking to have the International Criminal Court (ICC) define Ecocide as an international crime, granting it the same status as genocide or war crimes.

But is Ecocide comparable to genocide? Some argue that it is. They contend that while genocide targets people, Ecocide targets the planet itself. Both share a common element: intent. Both are deliberate acts meant to cause destruction, which is why there is a push to recognize Ecocide as an international crime.

The ICC was established to address genocide, crimes against humanity, and war crimes. In 2010, it expanded its jurisdiction to include crimes of aggression. Therefore, including ecocide would not be unprecedented.

Currently, 120 countries are parties to the ICC, which would establish important safeguards for the international community.

However, will the world’s major powers acknowledge it? For instance, some of the largest polluters, such as China and the United States, are not parties to the ICC. Moreover, they may challenge the court’s rulings.

Additionally, these countries already disregard ICC rules on war crimes and genocide, so it is unlikely they would adhere to regulations on ecocide. Nevertheless, this move is significant and reflects a changing public sentiment.

A recent survey indicates that over 70% of people support recognizing ecocide as a crime. While the technical details are now in the hands of the ICC, it is crucial to take action before the damage to the planet becomes irreversible.

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