Author: Francisca Seabra

“The Earth is in need of a good lawyer.” – Polly Higgins

As the environmental crisis deepens with escalating climate change and biodiversity loss, nations around the world increasingly turn to Ecocide legislation as a tool to prevent irreversible environmental damage. Leading the charge in this movement are countries and international organizations like Belgium, Fiji, the Democratic Republic of the Congo, and the European Union (EU) each taking significant strides toward integrating Ecocide into national and international legal frameworks.

What is Ecocide?

By recognizing Ecocide as a crime, societies aim to hold individuals and corporations accountable for actions leading to large-scale environmental destruction, such as deforestation, oil spills, and illegal mining. In doing so, this approach seeks not only to prevent future harm but also to deter potential offenders.

In a groundbreaking move on February 22, 2024, Belgium became one of the first European countries to enshrine Ecocide in its national legal system. This legislation is groundbreaking for its reparative, preventive, and expressive dimensions, aiming to send a powerful message about the importance of environmental accountability. Moreover, the legislation allows for regional competence in environmental protection while maintaining federal authority over transnational damages, such as those involving radioactive waste or environmental destruction in the North Sea.

The European Union’s Expanding Commitment

Building on Belgium’s pioneering move, the European Union revised its Environmental Crime Directive to require member states to classify severe environmental damage—including Ecocide—as a criminal offense. The revised Directive calls for stricter penalties, including fines and imprisonment for severe violations. Notably, it also addresses cross-border environmental harm, signaling the EU’s strong commitment to combating environmental destruction on a broader, more coordinated scale. This legislative shift marks a transformative step in European environmental governance and strengthens the EU’s role as a global leader in environmental law enforcement.

Fiji and the Push for International Ecocide Recognition

In the Pacific, Fiji champions the global fight against Ecocide alongside Vanuatu and Samoa. The three nations propose that the International Criminal Court (ICC) recognize Ecocide as the fifth core crime, alongside genocide, war crimes, crimes against humanity, and aggression. This proposal is especially crucial for Small Island Developing States (SIDS), which face the brunt of climate change, despite their minimal contributions to global emissions. By advocating for Ecocide as an international crime, Fiji aims to hold accountable those responsible for large-scale environmental degradation, particularly in regions that are already vulnerable to the effects of climate change.

The Democratic Republic of the Congo‘s Historic Endorsement

At the 2024 United Nations Biodiversity Conference (COP16), the Democratic Republic of the Congo (DRC) became the first African nation to formally endorse the establishment of Ecocide as an international crime. This move aligns the DRC with Pacific nations pushing for an amendment to the Rome Statute to include Ecocide. As a country home to the world’s second-largest rainforest, the DRC faces immense environmental challenges from illegal logging, mining, and climate change. Minister of the Environment Ève Bazaiba emphasizes that recognizing Ecocide strengthens the global fight for biodiversity protection and sends a powerful message of environmental justice to the world. The DRC’s endorsement marks a significant milestone for Africa’s leadership in international environmental governance.

Growing Global Momentum for Ecocide Legislation

The efforts in Belgium, the EU, Fiji, and the DRC reflect a wider global movement pushing for Ecocide legislation. According to recent studies, 72% of people in G20 countries support the criminalization of severe environmental harm, showcasing widespread public backing for Ecocide laws. This growing momentum suggests that Ecocide may soon become a standard practice in global environmental governance, compelling more countries to adopt similar frameworks.

A New Era of Accountability

The introduction of Ecocide legislation marks a pivotal moment in environmental justice. It signals a shift away from viewing environmental harm as an unfortunate byproduct of industrialization to recognizing it as a criminal act with significant legal consequences. As Belgium sets a precedent, the EU enforces rigorous standards, and Fiji leads the charge on the international stage, the push for Ecocide builds a framework for accountability that could transform the way societies protect their planet.

Ultimately, the establishment of Ecocide as a legal offense signals that environmental destruction is no longer just an ethical issue—it is a criminal one. This legislative shift opens the door to a future where protecting nature is not only a moral imperative but also a legal one, helping ensure that both human and ecological communities are safeguarded from the worst effects of environmental degradation.

Conclusion

The integration of Ecocide into legal frameworks across various nations represents a significant advancement in the global commitment to environmental protection. The collaboration between countries and the support from the public underscore a collective recognition of the urgent need to address environmental issues through legal accountability. As the world continues to grapple with the consequences of climate change and biodiversity loss, the momentum for Ecocide legislation offers a hopeful pathway toward a more sustainable and just future for both people and the planet.