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pacific islands
Pacific Islands Push ICC to Recognize Ecocide as International Crime
"This is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so," said one legal expert on ecocide.
Sep 10, 2024
Campaigners against ecocide, the destruction of nature, applauded what one leader called a "key moment" in the fight to protect the natural world and communities that are most vulnerable to climate damage on Monday as three Pacific island nations proposed that the International Criminal Court formally recognize the crime.
Vanuatu, which first made a similar proposal in 2019, was joined by Samoa and Fiji in submitting the proposal to the ICC, which was established in 2002 to prosecute cases regarding genocide and crimes against humanity.
"Vanuatu considers it imperative that the international community takes this conversation seriously, and we warmly invite all member states to engage," said Ralph Regenvanu, special envoy for climate change and environment for Vanuatu, in a statement. "Legal recognition of severe and widespread environmental harm holds significant potential to ensure justice and, crucially, to deter further destruction."
The recognition of environmental and ecosystem destruction as a crime could allow the court to prosecute individuals accused of ecocide, such executives of pollution-causing companies whose activities are linked to planetary heating and the sea-level rise and intense storms small island nations increasingly face and officials of governments that continue to emit high levels of greenhouse gases.
Philippe Sands, a law professor at University College London and co-chair of an expert panel on the legal definition of ecocide, said that as drafted, the Rome Statute, which established the ICC, "cannot adequately address environmental harms" and must be changed to reflect "a growing recognition that severe environmental destruction deserves the same legal accountability as other grave international crimes that focus on the human."
"People clearly understand that the most severe forms of environmental destruction harm all of us, and that there is real deterrent potential in creating personal criminal liability for top decision-makers."
“There is a manifest gap in the statute of the ICC, and ecocide is now firmly on the agenda, a vital and necessary moment for an effective international law," said Sands. "This is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so."
Sands told The Guardian that he is "100% certain" that ecocide will ultimately be recognized as an international crime, but with the matter tabled for a full discussion by the ICC at a later date, a long deliberation process is expected.
The Pacific nations introduced the proposal at the ICC days after the Global Commons Survey, conducted by Ipsos UK, found that 72% of people in G20 countries believe ecocide should be recognized as a crime.
Jojo Mehta, co-founder and CEO of Stop Ecocide International, said last week that "widespread civil society demand" has driven the European Union to recognize "conduct comparable to ecocide" as a "qualified" offense, and Belgium to adopt ecocide as a crime punishable by up to 20 years in prison and fines as high as $1.8 million.
"We're seeing significant policy shifts in favor of ecocide legislation at the domestic, regional, and international levels," said Mehta. "People clearly understand that the most severe forms of environmental destruction harm all of us, and that there is real deterrent potential in creating personal criminal liability for top decision-makers. Damage prevention is always the best policy, which is precisely what ecocide law is about."
Some of the world's biggest polluters, including the United States, China, and Russia, are not member states of the ICC, and could challenge the court's jurisdiction if accused of ecocide—but Mehta said Monday that "by establishing legal consequences, we create a guardrail that compels decision-makers to prioritize safety for people and planet, fundamentally altering how they approach their obligations."
"We also create a route to justice for the worst harms," she said, "whether they occur in times of conflict or in times of peace."
Regenvanu said Vanuatu has prioritized the recognition of ecocide as a crime after suffering significant climate damage for years, with the government already having relocated six towns due to irreversible sea level rise.
"Environmental and climate loss and damage in Vanuatu is devastating our island economy, submerging our territory, and threatening livelihoods. This tragedy is not unique to Vanuatu but is shared by many small island nations that, despite bearing the least responsibility for the crisis, suffer most from its impacts," said Regenvanu. "We urge ICC member states to take note of the very substantial civil society support for this initiative around the world as it moves forward in this crucial discussion."
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In Samoa, UN Chief Says Low-Lying Island Nations Face 'Annihilation' by Climate Chaos
"We need all countries to honor their promises on climate finance and a strong finance outcome from this year's COP where we will discuss the financial commitments after 2025."
Aug 22, 2024
United Nations Secretary-General António Guterres warned in Samoa on Thursday that low-lying Pacific island nations face the threat of "annihilation" from rising sea levels, cyclones, ocean heatwaves, and other dangers driven by human-caused climate chaos.
"High and rising sea levels pose an enormous threat to Samoa, to the Pacific, and to other small island developing states. These challenges demand resolute international action," Guterres said. "Sea levels are rising even faster than the global average, posing an existential threat to millions of Pacific Islanders."
"If we are not able to stop what is happening with climate change, this problem that we see in Samoa will not stay in Samoa."
Recalling the 2009 earthquake and tsunami that killed at least 192 people and devastated Samoa, Guterres said that "we have seen people that moved their houses inland, we have seen people that persisted coming back and rebuilding, we have seen an enormous determination of people to fight against, not only the impact of the tsunami, but the impacts of the rising sea levels and of the storms and the cyclones."
"I've seen a wall that is protecting a village from the sea; that wall in 20 years, because of the tsunami—because of the rising sea level, and because of the heavy storms—has already been built three times," he continued.
"People are suffering. Economies are being shattered. And entire territories face annihilation," Guterres stressed.
Guterres said Samoans' ambitious plans to tackle the "existential threat for millions" are being impeded by a lack of promised funding from rich nations. He pointed to the Loss and Damage Fund, agreed to in 2022 at the U.N. Climate Change Conference (COP27) in Egypt, as well as rich countries' 2021 pledge to double climate adaptation funding to $200 billion.
"We are fighting hard for climate justice," said Guterres, but "we are not seeing the money that is needed and that's why we ask for the reform and the international financial institutions in order for the funding needs of countries, like Pacific countries, to be met."
"We need all countries to honor their promises on climate finance and a strong finance outcome from this year's COP where we will discuss the financial commitments after 2025," he added.
COP29—which has been criticized by green groups for being chaired by a former oil executive—is set to take place in Baku, Azerbaijan in November.
Low-lying Pacific island nations are among the least responsible for the climate emergency but are among the most adversely affected by the crisis. To help address this, Guterres reiterated his call for small island nations like Samoa to have access to $80 billion in development from special drawing rights (SDRs), which are reserve assets controlled by the International Monetary Fund that can be exchanged for cash. Rich countries can also place SDRs in a fund for developing nations' use.
The secretary-general also said that new income streams are key to the survival of nations like Samoa whose tourism industries were devastated by the Covid-19 pandemic and which "have not received the support of the international community."
"If we are not able to stop what is happening with climate change, this problem that we see in Samoa will not stay in Samoa," Guterres warned. "It will be happening more and more everywhere in all coastal areas, from New York to Shanghai, from Lagos to Bangkok."
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What's at Stake Is Our Survival
We are signing a death sentence if we continue to rely on fossil fuels.
Dec 12, 2023
Pacific nations have a reputation for being climate champions.
The resilience and commitment of Pacific negotiators and communities are to thank for the many landmark outcomes from previous UN climate talks, known as the Convention of the Parties or COP, including the Paris Agreement commitment to stay below 1.5 degrees of global heating, as well as the Loss and Damage fund.
COP28 in Dubai was no different: the Pacific showed up, as always, fighting for solutions. Now, a few hours until the close of the summit, the big questions still remain, but not on our shoulders: are we going back home to our communities feeling supported by world leaders and with hope that our heritage and land will survive the climate crisis?
Once again, the rich in the Global North have callously undermined the momentum in the Global South.
This was the largest COP in history, with record numbers of delegates and the largest presence of fossil fuel lobbyists on record: 2,456 industry lobbyists in all which is more than the total delegates from the 10 most climate-vulnerable countries combined. It's not a surprise that private interests have influenced decision-makers. Conference negotiators have allowed the perpetrators of the crisis to rewrite the rules by allowing them to sit at the negotiating table. How could this not have a catastrophic outcome?
Yesterday, a disappointing draft of this year's Global Stocktake review and agreement for the years to come failed to mention the phase-out of fossil energy sources. The science is clear, no matter how much the fossil fuel industry pushes for unproven technologies, like Carbon Capture and Storage (CCS), they are still very far from real scalability and economic feasibility. We are signing a death sentence if we continue to rely on fossil fuels.
Actually, let me rephrase it: countries like mine will be signing a death sentence, as we are often the ones at the forefront of climate chaos, while those that have the biggest responsibilities in polluting the world hide behind their profits. And when I say hide behind their profits, I mean it. It is not news that the global energy and financial systems carry a heritage of colonialism, extractivism, and bias against the world's poorest communities. Not only did the draft text fail to demand a fossil fuel phaseout, it also made virtually no commitments on mitigation, adaptation, and financial support for renewable energy in the Global South.
Facing the catastrophic effects of extreme weather at home and watching the slow progress of the negotiations, it was hard not to be pessimistic before we even arrived at COP28.
Once again, the rich in the Global North have callously undermined the momentum in the Global South.
Every year, we travel across oceans to come to these negotiations and we continue to get only drops of ambition. Facing the catastrophic effects of extreme weather at home and watching the slow progress of the negotiations, it was hard not to be pessimistic before we even arrived at COP28. But the point is that we can't afford not to be here, we can't afford to stop fighting because what's at stake is our very survival.
So we will return home, and continue to build up resilience in our communities, adapt and transition our energy systems, and rely on the strength of the people at the forefront of climate change. But it is now evident that we will do so without the support of global political leaders.
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