The Growing Importance of Ecocide in International and National Regulations

by Maria Grinavica & Diana Krasnova

As the world grapples with the accelerating impacts of climate change and environmental degradation, a new term is emerging in the realm of international law: ecocide. More than just a buzzword, ecocide refers to deliberate actions that cause severe, widespread, or long-term harm to our planet’s ecosystems. In recent years, the growing recognition of environmental crimes as threats to both nature and human well- being has pushed countries and legal bodies to explore stronger protections. While nations like Latvia are just beginning to study the concept of ecocide, other countries, such as Sweden, are actively advocating for its recognition as an international crime. 

With global biodiversity in decline and the effects of ecological destruction becoming harder to ignore, the conversation around ecocide is gaining momentum. Advocates argue that much like genocide targets communities, ecocide targets the ecosystems that support life on Earth, making it an urgent issue for international law and sustainable development.

Environmental Protection and Ecocide: Practical Examples and EU Laws 

Wildfire in the Amazon Rainforest, caused by farmers trying to open land for grazing and farming. Amazonia Real from Manaus AM, Brasil, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons

Humans play a key role in our planet’s ecosystem, but our actions can sometimes cause great harm, similar to natural disasters. For example, human-driven deforestation and large-scale wildfires are similar in effect. While wildfires can occur naturally, human activities like poor forest management lead to massive wildfires, similar to naturally occurring fires caused by lightning or dry conditions. The term ecocide is increasingly used to describe illegal actions that cause significant or long-lasting damage to the environment. However, Latvia’s legal system does not yet have a clear definition of ecocide, which is also the case in EU laws. Thankfully, the European Parliament is working on a directive that aims to make severe and lasting damage to ecosystems a serious crime. 

To qualify as ecocide, an action must meet three criteria: 1) it must cause significant harm, 2) it must be irreversible or long-term, and 3) it must affect the entire ecosystem. Unfortunately, the term “the entire ecosystem” isn’t clearly defined yet. The European Parliament's draft resolution stresses the need to raise awareness about environmental crimes and their global effects. This is especially important because businesses in the EU can commit crimes outside of Europe. The UN is also trying to strengthen the laws around ecocide. 

Ecocide has the potential to become a worldwide disaster. For instance, the Brazilian government has allowed excessive deforestation in the Amazon rainforest. This policy, pushed by former President Bolsonaro, was justified as economic development but threatens not just local communities but the whole world because the Amazon is crucial for regulating climate. Indigenous people depend on natural resources, and deforestation is already leading to dangerous climate changes and increased flooding. The idea of ecocide first came about during the Vietnam War, when biologist Arthur W. Galston protested against the U.S. military's use of harmful chemicals like Agent Orange. Since then, many organizations and lawyers have pushed for ecocide to be recognized as a crime under international law. The European Law Institute has proposed adding ecocide to the Rome Statute (i.e. the statute of the International Criminal Court), which governs serious crimes like genocide and war crimes. The late Polia Higgins defined ecocide as “the destruction of ecosystems or the loss of their function to such an extent that peaceful enjoyment by the population has significantly diminished.” 

Currently, at least 13 countries, including Kazakhstan, Ukraine, and Kyrgyzstan, have laws that punish ecocide or similar acts. Vietnam’s laws are particularly interesting because they treat ecocide as serious as crimes against humanity. Article 324 states that “those who, in times of peace or war, engage in mass destruction in a certain area or destroy livelihoods will face severe penalties, including life imprisonment or even the death penalty. ” This practice of linking ecocide with crimes against humanity is not uncommon, although comparing it to genocide is less frequent. France is also taking steps forward. A law passed in August 2021 requires the French government to report within a year on whether ecocide should be recognized as an international crime. If successful, France could be one of the first EU countries to include ecocide as a separate crime in its laws. 

Many environmental disasters caused by humans have been recognized as ecocide by scientists and legal experts. While some may doubt whether ecocide is as serious as genocide, researchers have pointed out that the two are sometimes connected. Today, both ecocide and genocide, as a political tool, often manifest in forms of “developmental genocide” – a situation where ecocide is used to attack communities fighting against the exploitation of their ecosystems. The Amazon rainforest is a prime example. Another case is the draining of the Mesopotamian marshes in Iraq under Saddam Hussein in the early 1990s, aimed at punishing the “marsh Arabs” who resisted his regime. More recently, in February 2024, there were reports of ecocide resulting from the conflict in Ukraine. The use of heavy artillery and explosives has not only resulted in immediate destruction but also poses long-term risks to biodiversity and local communities reliant on natural resources, potentially leading to irreversible damage to the region’s environmental health. Whether these actions could also be classified as genocide remains uncertain, but they are likely to be seen as crimes against humanity.

The Baltic Case: Latvia’s Legal Framework and Sweden’s Perspective on Ecocide

In Latvia, environmental crimes are addressed in the Criminal Law, which includes 23 articles but doesn’t mention ecocide. In contrast, several countries treat ecocide as seriously as crimes against humanity or genocide. Latvia’s definition of genocide matches international laws that define it as acts aimed at destroying a national, ethnic, racial, or religious group. However, differentiating genocide from other serious crimes, such as crimes against humanity, is extremely complicated in court proceedings. For this reason, qualifying ecocide as genocide is also extremely difficult. 

Meanwhile, on May 15, the Swedish Parliament voted on six motions from four political parties aiming to recognize ecocide as a crime under international law through the International Criminal Court (ICC). The Foreign Affairs Committee, even if seeing the motions as relevant, advised against them, citing that the government had already expressed support for recognizing ecocide as an international crime. The committee stressed the importance of enhancing legal protections for the environment, considering ecocide as a potential addition to the Rome Statute - the treaty that established the International Criminal Court (ICC) in 2002, outlining the court’s jurisdiction to prosecute individuals for genocide, war crimes, crimes against humanity, and the crime of aggression. The vote was very close, with 153 MPs voting against and 150 in favor. Before the vote, Sweden’s Ecocide Law Alliance, backed by representatives from 13 Swedish companies, urged the government to push for ecocide as an international crime, emphasizing its importance for nature and sustainable business practices.

Climate change, international cooperation and ecocide

Climate change is a global challenge that has prompted countries to work together to combat human-caused environmental damage. It acts as a driver of ecocide by intensifying resource exploitation, increasing pollution, and causing displacement, which can lead to harmful practices that degrade ecosystems. This exacerbation of environmental degradation creates a feedback loop that further threatens biodiversity and the health of our planet, highlighting the urgent need to address both climate change and ecocide together. 

The EU and its partner countries have committed to several international agreements aimed at mitigating climate change and, by extension, reducing the risk of ecocide. These include the Paris Agreement and the UN Framework Convention on Climate Change (UNFCCC), along with initiatives like the European Green Deal. 

The Paris Agreement, adopted during the UNFCCC COP21 meeting in December 2015, has become a crucial part of global climate efforts. Before this agreement, the world was on track for a dangerous 4°C increase in temperature compared to pre-industrial levels. A World Bank report highlighted the serious risks of this warming, including widespread agricultural failures, and stressed the need to prevent it. 

The Paris Agreement sets clear goals for countries, aiming to keep the global average temperature increase below 2°C, and ideally under 1.5°C. Countries must submit detailed climate action plans, known as Nationally Determined Contributions (NDCs), outlining their targets for reducing emissions. These plans need to be updated every five years to become more ambitious and to improve transparency in reporting progress.

The EU’s commitment to sustainable development and climate neutrality took a significant step in December 2019 with the launch of the European Green Deal. This initiative aims for climate neutrality by 2050, with the European Commission, led by President Ursula von der Leyen, fully supporting it as the EU's strongest response to climate change. Alongside energy regulations, new biodiversity protection laws are being developed, highlighting their role in reducing greenhouse gas emissions. As the 2024 European Parliament elections approach, there is increased pressure to finalize six key EU environmental policies. 

From November 30 to December 13, 2023, the COP28 Climate Change Conference took place in Dubai, where EU member states participated in the first global review under the Paris Agreement. This assessment underscored the urgent need to peak global greenhouse gas emissions by 2025 and cut them by 43% by 2030 compared to 2019 levels. 

In the very near future, as nations confront the urgent challenges posed by climate change, the 2024 United Nations Climate Change Conference (COP29), is scheduled to be held in Baku, Azerbaijan from November 11 to 22, 2024. It will provide a vital platform for discussion and action on issues covered in this article. The conference presents an opportunity for countries to strengthen their commitments to climate action and environmental protection, further underscoring the importance of establishing a clear definition of ecocide. By addressing ecological degradation as a critical issue, COP29 can contribute to broader efforts aimed at safeguarding biodiversity and ensuring sustainable practices, thereby linking climate initiatives directly with the fight against ecocide.