We know what ecocide is, because we have been hearing about it since the 1970s and have seen it happen in every corner of the world. It is a crime against the Planet – and, consequently, against the plants, animals and human beings that inhabit it – which causes severe damage to ecosystems, the climate, and the culture and way of life of communities. Until now, however, a legal definition of ecocide has always been lacking, which is indispensable if it is to be prosecuted by the International Criminal Court. A team of jurists has moved to fill this gap.

The first legal definition of ecocide

"For the purposes of the present Statute, 'ecocide' means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts." This is the legal definition of ecocide that the experts, gathered in the coalition Stop Ecocide, are calling to be inserted into the Rome Statute, the treaty that defines the principles, jurisdiction, composition and functions of the International Criminal Court. If the proposal were approved, it would be the first offence added since 1945. At present, only war crimes, crimes against humanity, genocide and the crime of aggression fall within the court's jurisdiction; environmental damage can be prosecuted only if it occurs during an armed conflict. This, the legal experts argue, offers the Rome Statute "the opportunity to respond to today's challenges."

What is still needed for ecocide to become an official crime

This is the outcome of the work of 12 eminent jurists, led by British Philippe Sands QC and Senegalese Dior Fall Sow, who in turn consulted with representatives from the political, economic, religious, youth and indigenous peoples' worlds. "The resulting definition is well balanced between what needs to be done concretely to protect ecosystems and what will be acceptable to states. It is concise, based on solid legal precedent, and will integrate well with existing laws," explains Jojo Mehta, head of the Stop Ecocide foundation. "Governments will take it seriously and it offers a workable legal tool that corresponds to a real and urgent global need."

Further steps are now needed to make ecocide an international crime. First, each of the 123 states that have ratified or acceded to the Rome Statute will be able to propose an amendment. After that, the amendment will need to be submitted to the next assembly of the International Criminal Court, where approval will require a two-thirds majority. Contacted by Euronews, Kate Mackintosh, executive director of the Promise Institute for Human Rights at the UCLA School of Law, indicated that some states have already shown interest. "But civil society support, as well as that of parliamentarians from member states, will be crucial to achieving this outcome," she concludes.