International:
Ecocide as a crime in international law
Advance laws in international jurisprudence to protect the earth by criminalizing acts of ecocide, allowing for legal claims against corporations for breaching these laws and committing acts of ecocide.
What does this look like?
In relevant international jurisprudence, formally recognize acts of loss, damage, or destruction to ecosystems or the natural world ( or ‘ecocide’) as a crime, as civil society[1] along with the island nations of Vanuatu and Maldives have called for,[2] and as previously proposed in 2010 to the International Law Commission (ILC).[3]
The inclusion of ecocide as a crime in international law should prohibit acts of damage and destruction of the Earth and create a legal duty of care for all inhabitants that have been or are at risk of being significantly harmed due to these acts. The duty of care applies to prevent, prohibit and pre-empt both human-caused ecocide and natural catastrophes. Where ecocide occurs as a crime, remedy can be sought through national courts and international legal bodies.
Ensure that the definition of ecocide addresses not only environmental and climate action crimes, but crimes committed against environmental defenders.[4][5]
Acts of ecocide committed by corporations should be punishable, and judged upon their impacts rather than intent alone.
Formally recognize transnational corporations’ role in driving ecocide, and try them when they are accused of violating these laws.
Formalize an international process that provides and prioritizes access for Global South countries and frontline communities that are enduring the greatest impacts and where transnational corporations and their subsidiaries are operating to seek compensation, reparations, and justice for the crimes these corporations have committed and are committing.
Similarly, recognize that holding actors accountable for ecocide should be used to advance climate justice to those enduring the greatest harm, and therefore should not be used unfairly by Global North actors or governments against Global South governments.
Through the United Nations Framework Convention on Climate Change and other U.N. institutions, register a formal call for international law to recognize acts of ecocide as a crime.
Implementing the measures of the liability roadmap
Decision-makers and movements at all levels should keep the following in mind when implementing the measures laid out in this roadmap:
Enacting these policies and measures is simply the first step to holding polluting and destructive industries liable: There will be much work for government officials, decision-makers, activists and civil society alike to do to ensure these measures are fully implemented and move us toward the transformative change the world needs.
Liability should be applied to all industries and corporations that make business decisions that contribute to climate change and its impacts, or that cause harm to people and nature. In addition to the fossil fuel industry, these industries include but are not limited to agribusiness, forestry, mining, and the energy sector.
Many of these measures could equally apply to state-owned corporations. Because the national contexts and unique needs vary from country to country, it is worth considering where to apply and how to adapt the principles and measures listed in the Liability Roadmap to address state-owned polluting corporations. Factors to consider when doing so could include but are not limited to the degree of democratic control over the entity, role and use of funding from oil/gas revenues, and responsiveness of the entity to transition to regenerative, renewable energy sources.
Measures implemented at the national level should support and reinforce, rather than contradict, measures implemented at the sub-national and local, and vice versa.
1 Natasha Lennard. "Ecocide Should Be Recognized as a Crime Against Humanity, but We Can’t Wait for The Hague to Judge," The Intercept, September 24, 2019, accessed August 25, 2020, https://theintercept.com/2019/09/24/climate-justice-ecocide-humanity-crime/.
2 Isabella Kaminski. "Vulnerable Nations Call for Ecocide to Be Recognized As an International Crime," The Climate Docket, December 6, 2019, accessed August 25, 2020, https://www.climatedocket.com/2019/12/06/ecocide-international-criminal-court-vanuatu/.
3 Ecocide Law. "What is ecocide," Proposed Amendment to the Rome Statute, accessed August 25, 2020, https://ecocidelaw.com/the-law/what-is-ecocide/.
4 Melissa Godin. "Record Number of Environmental Activists Killed in 2019," Time, July 29, 2020, accessed August 25, 2020, https://time.com/5873137/record-number-killing-environmental-activists-2019/.
5 Global Witness. Defending Tomorrow: The climate crisis and threats against land and environmental defenders, July 29, 2020, accessed August 25, 2020, https://www.globalwitness.org/en/campaigns/environmental-activists/defending-tomorrow/.