18th Jun 2024 Gemini 1.5 Pro
Jojo Mehta, co-founder and executive director of Stop Ecocide International, explains that the term "ecocide" has existed for about 50 years. It was first used to describe the devastating environmental damage caused by the use of Agent Orange in Vietnam. The chemical, intended to defoliate the landscape, had horrific effects on all plant life. This led to its use becoming synonymous with the term ecocide.
While there have been several attempts over the years to formally define and criminalize ecocide, momentum has recently resurfaced thanks in part to the work of the late Polly Higgins, a barrister and legal pioneer. Higgins, along with Mehta, co-founded Stop Ecocide International in 2017 to address the lack of legal protection for the environment at the highest level of international law.
"When the governing document of the International Criminal Court, so that's the Rome Statute, the one that sets out war crimes, genocide, crimes against humanity, When that document was in preparation and was a draft code in the 1990s, there was originally a clause intended to be in it to cover severe widespread and long-term harm to nature. And it didn't make it into the final treaty."
Mehta distinguishes ecocide from existing environmental regulations, stating that most regulations are administrative and often poorly enforced. She highlights the urgent need for a legal framework that recognizes the gravity of environmental damage and its inextricable link to human well-being. By criminalizing ecocide, Stop Ecocide International aims to establish a global standard that prevents further harm and holds perpetrators accountable.
"And so what we believe strongly that putting in place ecocide as a serious crime, really taking it into the most serious crimes sort of area and kind of naming those worst harms as crimes is actually creates a kind of foundational piece that can support and enhance and reinforce all of that existing law and have it taken seriously."
In 2020, Swedish parliamentarians approached Stop Ecocide International to develop a legally sound and internationally recognized definition of ecocide. Mehta explains that a consensus-based definition is crucial for governments to consider proposing it to the International Criminal Court. The resulting definition, finalized in June 2021 after a rigorous drafting process, focuses on the consequences of actions rather than specific activities.
"So ecocide means unlawful or wanton acts committed with knowledge that there’s a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts."
Mehta emphasizes the power of the ecocide law in shifting societal mindsets and creating a framework for decision-making. Rather than solely relying on moral appeals or demonizing corporations, ecocide law creates a clear boundary that compels stakeholders across sectors to prioritize environmental protection.
"And so ultimately, criminal law is protective law. It’s actually what keeps us safe. And the whole scary thing about this situation is how dangerous it is. We need to put things in place to actually provide safety. And that is what criminal law does."
Mehta is optimistic about the future of the movement. She points to the growing international support for ecocide law, citing examples from Vanuatu, Ukraine, Indigenous communities in the Amazon, and ocean advocates. The movement has gained traction in several countries, including Belgium, where legislation is in its final stages, and the European Union, which is considering incorporating ecocide into its environmental crimes directive. Mehta highlights the need for continued financial support to sustain the movement's advocacy efforts.
"So we’re at what we feel is kind of, you know, a sort of snowballing type moment in the sense that, I mean, five of those six jurisdictions, those proposals went into Parliament in the last three months. You know, it’s really started to pick up. And that was Brazil, Spain in Catalonia, Mexico, Italy and the Netherlands. And Belgium, as I say, is already quite advanced."
Mehta's insights into ecocide law provide a compelling argument for a paradigm shift in our relationship with the environment. By criminalizing the most egregious forms of environmental harm, the Stop Ecocide International movement seeks to establish a powerful deterrent that protects our planet for current and future generations. The movement's success, however, relies heavily on continued advocacy, funding, and a collective commitment to safeguarding our shared planetary home.
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