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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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'Historic Moment': Applause as UN Adopts Climate Justice Resolution
"We have witnessed a win for climate justice of epic proportions," said Vanuatu's prime minister after the passage of a resolution asking the world's highest court to clarify national obligations for climate action and the legal consequences of inaction.
Mar 30, 2023
Climate justice advocates cheered Wednesday after the United Nations General Assembly unanimously adopted a resolution calling on the International Court of Justice to issue an advisory opinion on climate change and human rights.
The newly approved measure, introduced by Vanuatu and co-sponsored by more than 130 governments, asks the world's highest court to outline countries' legal responsibilities for combatting the fossil fuel-driven climate emergency and the legal consequences of failing to meet those obligations.
"We have witnessed a win for climate justice of epic proportions," Vanuatu Prime Minister Ishmael Kalsakau said after the resolution was adopted by consensus. "Today's historic resolution is the beginning of a new era in multilateral climate cooperation, one that is more fully focused on upholding the rule of international law and an era that places human rights and intergenerational equity at the forefront of climate decision-making."
"This is a landmark moment in the fight for climate justice as it is likely to provide clarity on how existing international law... can be applied to strengthen action on climate change."
Like other Pacific Island nations, Vanuatu bears little responsibility for the climate crisis but is acutely vulnerable to its impacts, including existentially threatening sea level rise and intensified cyclones such as those that displaced thousands in the region just weeks ago. The country began pushing for the ICJ resolution in 2021, following a campaign launched in 2019 by a group of students from a university in nearby Fiji.
The Center for International Environmental Law (CIEL) hailed its passage as "a historic moment."
\u201c\u201cIt is so decided\u201d \n\nThe @UN General Assembly just unanimously adopted the resolution for an advisory opinion on #HumanRights and #ClimateChange from the @CIJ_ICJ \u2696\ufe0f.\n\n\ud83c\udf89 This is a historic moment and a win for climate frontlines communities across the world.\u201d— Center for International Environmental Law (@Center for International Environmental Law) 1680100615
So too did Marta Schaaf, director of Amnesty International's Climate, Economic, and Social Justice program.
"This is a landmark moment in the fight for climate justice as it is likely to provide clarity on how existing international law, especially human rights and environmental legislation, can be applied to strengthen action on climate change," said Schaaf. "This will help mitigate the causes and consequences of the damage done to the climate and ultimately protect people and the environment globally."
“We salute this remarkable achievement by Vanuatu, and other Pacific Island states, which originally brought this urgent call to advance climate justice to the U.N.," Schaaf continued. "Today's victory sprang from the efforts of youth activists in Pacific Island states to secure climate justice."
Schaaf urged the ICJ "to provide a robust advisory opinion to advance climate justice." Last week's report from the Intergovernmental Panel on Climate Change, she noted, shows that "the 1.5°C global warming limit agreed to in Paris in 2015 is likely to be breached before 2035 unless urgent action is taken." Temperature rise of roughly 1.1°C to date is already fueling catastrophic weather, with even more lethal impacts on the horizon barring transformative action.
"We see some fossil fuel-producing states both resisting calls to phase them out, and falsely promoting carbon capture and storage as a technological fix for the climate," said Schaaf. "An advisory opinion from the court can help put a brake on this accelerating climate disaster."
CIEL's Climate and Energy program director Nikki Reisch also applauded the resolution, saying it marks an important step "toward clarifying what existing law requires states to do to curb climate change and protect human rights."
"Courts can translate the clear scientific evidence that fossil fuels are driving the climate crisis into clear legal imperatives to phase them out now and implement proven available solutions."
Despite volumes of indisputable scientific evidence highlighting the need quickly replace fossil fuels—the leading source of greenhouse gas pollution—with renewables, last year's COP27 negotiations ended, like the 26 preceding U.N. climate summits, with no concrete commitment to wind down coal, oil, and gas production.
In the absence of a needed crackdown on the fossil fuel industry, immensely profitable oil and gas giants are planning to expand their operations in the coming years even though their executives know it means locking in additional planet-heating emissions and cataclysmic temperature increases.
While a handful of Pacific Island governments are leading calls for a global just transition to clean energy, other governments are actively aiding the continued extraction and combustion of fossil fuels.
Earlier this month, for instance, the Biden administration, which claims to view the climate crisis as an existential threat, approved ConocoPhillips' Willow project in the Alaskan Arctic—the largest proposed oil drilling endeavor on public land in U.S. history—and moved ahead with Lease Sale 259, one of the largest-ever offshore drilling auctions in the Gulf of Mexico.
As CIEL pointed out, "impacted communities across the globe are finding themselves with few alternatives but to resort to courts in their pursuit of clear rules to guide state climate action and hold states accountable for their failures."
According toThe New York Times:
The [ICJ's] opinion would not be binding. But, depending on what it says, it could potentially turn the voluntary pledges that every country has made under the Paris climate accord into legal obligations under a range of existing international statutes, such as those on the rights of children or the Universal Declaration of Human Rights. That could, in turn, lay the groundwork for new legal claims. (A few national courts have already relied in part on international law to rule in favor of climate activists' lawsuits.)
Courts play a critical role "in breaking through the inertia when politics break down," said Reisch. "Courts can translate the clear scientific evidence that fossil fuels are driving the climate crisis into clear legal imperatives to phase them out now and implement proven available solutions. They also can—and indeed must—hold states accountable for the mounting suffering caused by their failure to act."
Describing climate justice as "both a moral imperative and a prerequisite for effective global climate action," U.N. Secretary-General António Guterres called the ICJ resolution "essential."
Advisory opinions issued by the world's top court "have tremendous importance and can have a long-standing impact on the international legal order," he added. Such a move "would assist the General Assembly, the U.N., and member states to take the bolder and stronger climate action that our world so desperately needs."
The passage of the ICJ resolution comes just days after a pair of scholars put forth a novel legal theory of "climate homicide," which aims to hold fossil fuel corporations criminally liable for disaster deaths.
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Six Island Nations Commit to 'Fossil Fuel-Free Pacific,' Demand Global Just Transition
"As Pacific leaders shoulder the burden of climate leadership," this call "is a reminder that despite the doom and gloom, another world is possible, a fossil fuel-free world that is just, equitable, and sustainable."
Mar 17, 2023
Climate justice advocates celebrated Friday after a half-dozen island nations committed to building a "fossil fuel-free Pacific" and urged all governments to join them in bringing about an equitable phaseout of coal, oil, and gas.
From Wednesday to Friday, Vanuatu and Tuvalu co-hosted the 2nd Pacific Ministerial Dialogue on Pathways for the Global Just Transition from Fossil Fuels in Port Vila, Vanuatu. The summit came amid an ongoing state of emergency in Vanuatu, which was hammered earlier this month by a pair of Category 4 cyclones. Participants described the current devastation as "just the most recent example of the extensive and ongoing fossil fuel-induced loss and damage suffered by" Pacific Islanders.
At the conclusion of the three-day meeting, ministers and officials from six countries—Vanuatu, Tuvalu, Tonga, Fiji, Niue, and the Solomon Islands—agreed on the Port Vila Call for a Just Transition to a Fossil Fuel-Free Pacific.
The resolution—issued "on behalf of present and future generations, communities on the frontlines, and all of humanity"—calls for immediate international action to accelerate a just transition from dirty to clean energy in accordance with what experts have shown is necessary to avert the worst consequences of the climate crisis.
"The science is clear that fossil fuels are to blame for the climate emergency," says the document. "This is a crisis driven by the greed of an exploitative industry and its enablers. It is not acceptable that countries and companies are still planning on producing more than double the amount of fossil fuels by 2030 than the world can burn to limit warming to 1.5°C."
"Every second wasted on climate inaction and clinging to fossil fuels puts lives, homes, livelihoods, cultures, and ecosystems in jeopardy."
Among other things, the resolution implores policymakers in the Pacific and around the world to join the Beyond Oil and Gas Alliance (BOGA) and negotiate a fossil fuel nonproliferation treaty (FFNPT) to end the expansion of coal, oil, and gas extraction and to expedite a fair global shift to renewables. It also cautions lawmakers to avoid phrases like "unabated" or "inefficient," warning that such terminology "creates loopholes for fossil fuel producers."
In a statement, Oil Change International global policy lead Romain Ioualalen said, "Faced with devastating climate impacts resulting from the world's continued addiction to fossil fuels, Pacific governments have once again demonstrated what true leadership looks like."
"The contrast between the U.S. and other rich countries approving new oil and gas fields in clear defiance of science, and the commitment to build a prosperous and resilient fossil fuel-free Pacific could not be more obvious and highlights the complete disregard the fossil fuel industry and its enablers have for people and communities most affected by the climate crisis," said Ioualalen. "Countries must urgently heed the call for an immediate end to fossil fuel expansion that is emanating from the Pacific. We look forward to Pacific countries continuing to be vocal champions for a just and equitable phaseout of fossil fuels on the global stage, including at COP28 later this year."
Samoan climate justice activist Brianna Fruean said that "this dialogue of Pacific ministers is stepping outside of the box and acknowledging that we must try new ways to save ourselves—and that is going to require a fossil fuel nonproliferation treaty."
"While the guilty continue to reap profit off the expansion of fossil fuels behind our backs," said Fruean, "the meeting is bringing renewed energy to Pacific leadership that will not just echo across our islands but drive action with our allies globally."
Despite bearing almost no historical responsibility for the climate crisis, Pacific Islanders are acutely vulnerable to rising sea levels and increasingly frequent and severe extreme weather. Policymakers from the region have long been leaders in demanding ambitious efforts to slash greenhouse gas pollution at speed and scale, including by putting the idea of a FFNPT on the table in 2016. Just last year, Vanuatu and Tuvalu became the first national governments to endorse such a measure, while Tuvalu also recently joined the BOGA as a core member.
"Every second wasted on climate inaction and clinging to fossil fuels puts lives, homes, livelihoods, cultures, and ecosystems in jeopardy," said Lavetanalagi Seru, regional policy coordinator at Pacific Islands Climate Action Network. "As Pacific leaders shoulder the burden of climate leadership, the Port Vila Call for a Just Transition to a Fossil Fuel-Free Pacific is a reminder that despite the doom and gloom, another world is possible, a fossil fuel-free world that is just, equitable, and sustainable."
The region's new resolution states that "we have the power and responsibility to lead, and we will. Pacific leaders called for the Paris agreement to limit warming to 1.5°C, and have demanded an end to the development and expansion of fossil fuel-extracting industries, starting with new coal mines. Pacific civil society has challenged the world to step up the fight for urgent fossil fuel phaseout and effective climate action."
In recent weeks, Vanuatu has been leading an ongoing push for an advisory opinion from the International Court of Justice (ICJ) on "how existing international laws can be applied to strengthen action on climate change, protect people and the environment, and save the Paris agreement."
The document unveiled Friday calls for "redoubled efforts to reaffirm, strengthen, and codify legal obligations with respect to the global phaseout of fossil fuels," including by supporting the adoption of the Vanuatu-led ICJ resolution at the meeting of the U.N. General Assembly at the end of this month.
"The contrast between the U.S. and other rich countries approving new oil and gas fields in clear defiance of science, and the commitment to build a prosperous and resilient fossil fuel-free Pacific could not be more obvious."
According to Seru, "The phaseout of fossil fuels is not only a challenge, but an opportunity to promote economic development and innovation in the Pacific region."
To that end, the Port Vila document calls for "new Pacific-tailored development pathways based on 100% renewable energy."
350.org Pacific managing director Joseph Sikulu welcomed this week's developments, saying in a statement that "our people need global leaders to follow the innovation of Pacific representatives at the Pacific Ministerial Dialogue, it is a matter of survival."
"Our people also need energy to power their homes, their fishing boats, and their schools, which is where we are ready to work with governments in their commitment to progress the development and implementation of fossil-free development pathways at the grassroots level," he added.
In order to make that a reality, the document calls for increasing "public and private finance for the just transition from fossil fuels to renewable energy at the scale required, with innovative, simplified mechanisms and reforms of existing financial institutions."
Cansin Leylim, 350.org associate director of global campaigns, applauded Pacific Island nations for "once again showing immense leadership in the fight against the climate crisis, a crisis they had no part in creating."
"Pacific leaders have told us time and again—in order to stay below 1.5°C, the historically responsible countries need to immediately commit to a fossil fuel-free future without loopholes," said Leylim. "This means ensuring adequate and grant-based climate finance is swiftly mobilized to both adapt to the crisis and limit the heating to survival limits, ensuring energy independence and resource resilience with renewable energy."
Tzeporah Berman, chair of the Fossil Fuel Non-Proliferation Treaty Initiative, predicted that this week's "historic meeting" will "have far-reaching consequences."
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