Could Ecocide Become a New International Crime?

Earlier this fall, three Pacific Island States – Vanuatu, Fiji, and Samoa – formally proposed adding ecocide as a crime that can be heard and punished by the International Criminal Court, which can currently try individuals for war crimes, crimes against humanity, genocide, and the crime of aggression.

Any change to the ICC’s Rome Statute, particularly adding a new international crime, would require a massive level of diplomatic coordination and negotiation. But the future crime might hold individuals criminally accountable for severe environmental damage, such as massive oil or chemical spills or the destruction of rainforests. 

In the meantime, what does the ecocide proposal mean in practice? How might it potentially impact our understanding of ongoing destruction of the environment and the role of international criminal law? 

Joining the show to unpack the ecocide proposal are Naima Fifita, Rebecca Hamilton, and Kate Mackintosh.  

Naima is a lawyer from Tuvalu. She is the Executive Director of the Institute for Climate and Peace. Bec is an Executive Editor at Just Security and a Professor of Law at American University. Kate is Executive Director of the UCLA Law Promise Institute Europe, and Deputy Co-Chair of the Independent Expert Panel on the Legal Definition of Ecocide.  

Show Notes:  

• Naima Fifita
• Rebecca Hamilton (@bechamilton) 
• Kate Mackintosh (@Katemackintosh2)
• Paras Shah (@pshah518) 
• Just Security’s expert round up article “Why Criminalize Ecocide? Experts Weigh In” 
• Just Security’s Climate Change coverage
• Just Security’s International Law coverage
• Just Security’s International Criminal Court coverage
• Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)