European Union becomes the first international body to criminalize ecocide
In a groundbreaking move, the European Union (EU) has become the first international body to criminalize wide-scale environmental damage comparable to ecocide. Lawmakers recently agreed to update the bloc’s environmental crime directive, imposing tougher penalties for the most serious cases of ecosystem destruction. This decision marks a significant step towards ending impunity for environmental criminals and could pave the way for a new era of environmental litigation in Europe.
Defining Ecocide and Its Implications
The revised EU law does not explicitly use the term “ecocide” but aims to criminalize actions comparable to ecocide. These actions involve causing widespread, substantial, and irreversible or long-lasting damage to large or important ecosystems, habitats, or the quality of air, soil, or water. The definition closely aligns with that developed by an international panel of legal experts in 2021, which was primarily intended for adoption by the International Criminal Court. However, the definition is now being increasingly used for national-level legislation, with Scotland considering the of the UK’s first ecocide law.
Scope of the Revised EU Law
The updated EU law specifies various environmental activities that fall under its purview. These include water abstraction, ship recycling and pollution, the and spread of invasive alien species, and ozone destruction. However, the law does not address fishing, the export of toxic waste to developing countries, or carbon market fraud. Importantly, having a permit to carry out these listed activities will not serve as an automatic excuse. Individuals and companies will still be held accountable if the authorization was obtained fraudulently, through corruption, extortion, coercion, or if it breaches substantive legal requirements.
Penalties and Enforcement
The law introduces new penalties, ranging from prison sentences for individuals to exclusion from access to public funds for companies. Member states will also have the option to impose fines on companies based on a proportion of their turnover (up to 5% depending on the crime) or fixed amounts of up to €40 million (£35 million). While the law does not extend obligations to offenses committed outside EU borders on behalf of EU companies, individual member states can choose to adopt such measures.
Addressing Serious and Lucrative Environmental Crimes
Virginijus Sinkevičius, EU Commissioner for Environment, Oceans, and Fisheries, emphasized the seriousness and profitability of environmental crimes, which are on the rise. The illegal waste market in the EU alone generates annual revenues ranging between €4 and €15 billion. Sinkevičius stated that the new law recognizes the gravity of these crimes, particularly when large ecosystems are destroyed. Protecting the environment is crucial for our health, and deterring criminals who prioritize profit over ecosystems is essential.
Conclusion: The EU’s decision to criminalize wide-scale environmental damage comparable to ecocide sets a significant precedent. By taking this step, the EU aims to end impunity for environmental criminals and usher in a new era of environmental litigation. The revised law introduces stricter penalties and holds individuals and companies accountable for their actions. While this legislation represents a major milestone, it is only the beginning. With the momentum behind the ecocide law initiative growing rapidly, it is clear that recognizing ecocide in criminal law is a matter of when, not if, at every level.
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