Sophie Ranson shines a light on the pressing topic of environmental crime and the EU legislations being brought in to combat this crisis.
Photo by: Jack b
Anthropogenic destruction of the environment, also known as 'ecocide', will be criminalised under a law from the European Union (EU), making it the first international body to do so.
In February 2024, an overwhelming majority of the European Parliament voted in favour of the move with votes at 499 for, 100 against, and 23 non-votes.
Defining ecocide
According to Stop Ecocide International (SEF), “While most human activity has some degree of impact on the environment, ecocide refers to the very worst harms, usually on a major industrial scale or impacting a huge area.” Legislation in the new directive closely follows the language put forward by a panel of legal experts in 2021.
The panel initially intended to target the International Criminal Court (ICC) for the adoption of ecocide in the Rome Statute of the ICC, making it equal to genocide; crimes against humanity; war crimes, and the crime of aggression. Interest in enacting ecocide laws nationally has since rocketed.
"Environmental crime is exploding around the world, it is now considered just as lucrative as drug trafficking, and is helping to destroy living conditions on Earth," said Marie Toussaint—a French lawyer and member of European Parliament who helped steer negotiations for the new directive.
In 2021, France became the first EU nation to include ecocide in its national law, but campaigners criticised the legislation for vague language.
Did you know? "Ecocide, committed repeatedly over decades, is a root cause of the climate and ecological emergency that we face now".
A new EU legislation for the Environment
The new directive will double what was recognised in former EU environmental directives and cover eighteen criminal offences, including water abstraction; ship recycling and pollution; ozone destruction, and the introduction and spread of invasive alien species.
However, some environmental crimes such as fishing; export of toxic waste to developing countries, and carbon market fraud remain missing from the list, as do crimes committed by EU organisations overseas. Member States (MS) will have the freedom to individually determine the lawfulness of crimes committed outside EU borders.
Individuals such as CEOs and board members—once able to dodge personal liability—may now face prison sentences of up to eight years – increasing to 10 should their actions spark fatality
Experts mark this new legislation as a positive step. Among these include Antonius Manders—a Lawyer and Dutch MEP from the Group of the European People's Party (Christian Democrats). “CEOs can risk a fine, but they do not want to be personally involved. They never want to go to jail.” he says.
For participation in ecocide, countries could now also face fines of up to €40 million or 5% of their income from the EU. Since the February vote, all 27 member states were given two years to meld the policy into national law. In the same month, Belgium became the first EU country to take action, voting in favour of a revised penal code. Today, citizens face up to 20 years in prison for widespread environmental harm, with organisations liable for fines up to €1.6 million.
Modern policy for longstanding practices
While the mainstream jurisdiction of ecocide is relatively new, it reflects a practice already well-established: humanity’s insidious long-term impact on the planet – particularly via industry and wars.
In 1990, Vietnam became the first country in the world to integrate ecocide into its domestic law following the catastrophic impact of US herbicidal warfare programme— Operation Ranch Hand (1961-1972)—during the Vietnam War.
Under this operation, over five million acres of crops and 500,000 acres of forests were affected. Article 278, which is still applicable today, states, “ecocide, destroying the natural environment, whether committed in a time of peace or war, constitutes a crime against humanity.”
Adoption of this policy in the EU today will affect some of the world’s highest-polluting organisations such as RWE, the region’s highest emitter. In 2021, this German energy company generated 89 million tonnes of Scope 1 emissions and 80% of its electricity from non-renewable sources in 2020.
"Environmental crime is exploding around the world, it is now considered just as lucrative as drug trafficking, and is helping to destroy living conditions on Earth," said Marie Toussaint, a French lawyer and member of European Parliament who helped steer the negotiations.
In summary
As modern environmental destruction continues disrupting nations today—devastating ecosystems across Europe and beyond—these new laws further clamp down on the legalities of this conflict, flagging it as far more than a humanitarian crisis, but a planetary one, too.
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Researcher: Rachel Cairns | Editor: Harriet Newcome | Online Editor: Alison Poole
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