[WSMDiscuss] Fwd: [cbdalliance] Global expert panel reveals proposal for a fifth crime of "Ecocide" under the Rome Statute of the ICC

[Ashish Kothari]

This may be of interest,

ashish



-------- Forwarded Message --------
Subject: 	[cbdalliance] Global expert panel reveals proposal for a fifth 
crime of "Ecocide" under the Rome Statute of the ICC
Date: 	Tue, 22 Jun 2021 18:11:28 +0200
From: 	Lili Fuhr <fuhr at BOELL.DE>
Reply-To: 	Lili Fuhr <fuhr at BOELL.DE>
To: 	cbdalliance at lists.riseup.net



Dear colleagues,

see this important piece of news below - a very exciting development...

Lili


  Top international lawyers unveil definition of "ecocide"
  <https://www.stopecocide.earth/press-releases-summary/top-international-lawyers-unveil-definition-of-ecocide>


June 22, 2021 
<https://www.stopecocide.earth/press-releases-summary/top-international-lawyers-unveil-definition-of-ecocide> 


NEDERLAND 
<https://docs.google.com/document/d/1jVhZkFxpEk1cDNwPe1H3oubXLFfUk1KfrZ_YYgb8FL0/edit?usp=sharing>*/* 
ESPAÑOL 
<https://docs.google.com/document/d/1yy-R3qFBNBMGsMEvoF8NzufhN2Gv8pyUzAUP9hMs1WI/edit?usp=sharing> 
*/ *FRANÇAIS 
<https://docs.google.com/document/d/1hwbGxCe9tAB60zQxJJhPaUy15GnGQP5tPHM00BHwqYU/edit>*/ 
*SVENSKA 
<https://docs.google.com/document/d/1zedC2vbn8bwQ3Fjr9yJKB7WpHKJaiUegGqQW_NaWwpo/edit>*/ 
*ΕΛΛΗΝΙΚΑ 
<https://docs.google.com/document/d/1kj9JonChTgtyDlbVVXQHK8VwYjfdTBb7ZS33-7_6HzM/edit?usp=sharing>*/ 
*SUOMI 
<https://docs.google.com/document/d/1xRAfLdbDvZywNSi6Ap7tlsO-mP4r7UTaUiMncTLtQL8/edit?usp=sharing>*/ 
*PORTUGUÊS DO BRASIL 
<https://docs.google.com/document/d/1sB2WD4S2a3370bcEn7jlI6J6R2K0dEwjtgwd8KGoxwg/edit>



https://www.stopecocide.earth/press-releases-summary/top-international-lawyers-unveil-definition-of-ecocide 
<https://www.stopecocide.earth/press-releases-summary/top-international-lawyers-unveil-definition-of-ecocide>

-> Here is the core text and commentary to the opinion: 
https://static1.squarespace.com/static/5ca2608ab914493c64ef1f6d/t/60d1e6e604fae2201d03407f/1624368879048/SE+Foundation+Commentary+and+core+text+rev+6.pdf 
<https://static1.squarespace.com/static/5ca2608ab914493c64ef1f6d/t/60d1e6e604fae2201d03407f/1624368879048/SE+Foundation+Commentary+and+core+text+rev+6.pdf> 



    *Global expert drafting panel reveals proposal for a fifth crime
    under the Rome Statute of the International Criminal Court*

Commissioned by the Stop Ecocide Foundation 
<https://www.stopecocide.earth/who-we-are->, an expert drafting panel 
<https://www.stopecocide.earth/expert-drafting-panel> of 12 highly 
renowned international criminal and environmental lawyers from around 
the world has just concluded six months of deliberations. The result: a 
legal definition of “ecocide” (core text and commentary link HERE 
<https://www.stopecocide.earth/s/SE-Foundation-Commentary-and-core-text-rev-6.pdf>) 
as a potential 5th international crime, to sit alongside genocide, 
crimes against humanity, war crimes and the crime of aggression.

The Independent Expert Panel for the Legal Definition of Ecocide, 
chaired by barrister and author Philippe Sands QC (UK) together with UN 
jurist and former prosecutor Dior Fall Sow (Senegal), was convened in 
late 2020 at a powerfully symbolic moment, 75 years after the terms 
“genocide” and “crimes against humanity” were first used at Nuremberg.  
The project emerged in response to a request from parliamentarians in 
the governing parties of Sweden.

The proposed definition will now be made available for states to 
consider, and will henceforth be visible on the newly launched Ecocide 
Law website <https://ecocidelaw.com/>, an academic and legal resource 
hub co-managed by the Stop Ecocide Foundation 
<https://www.stopecocide.earth/who-we-are-> and the Promise Institute 
for Human Rights 
<https://law.ucla.edu/academics/centers/promise-institute-human-rights> 
at UCLA School of Law.

*Jojo Mehta*, Chair of the Stop Ecocide Foundation and convenor of the 
panel, said: /“This is an historic moment.  This expert panel came 
together in direct response to a growing political appetite for real 
answers to the climate and ecological crisis. The moment is right - the 
world is waking up to the danger we are facing if we continue along our 
current trajectory.”/

//The drafting work, she explained,/“was high-level, collaborative and 
informed by many experts as well as a public consultation comprising 
hundreds of legal, economic, political, youth, faith and indigenous 
perspectives.  The resulting definition is well pitched between what 
needs to be done concretely to protect ecosystems and what will be 
acceptable to states.  It's concise, it’s based on strong legal 
precedents and it will mesh well with existing laws.  Governments will 
take it seriously, and it offers a workable legal tool corresponding to 
a real and pressing need in the world.” /

*Rebecka Le Moine, *Member of Swedish Parliament, who initially 
approached the Stop Ecocide Foundation with a request for a definition 
of ecocide, said:

/“I welcome this definition, as it makes the term ecocide more concrete 
and clear, it also makes it a lot easier for me as a politician and a 
lawmaker to find support for criminalization of it.”/

*Quotes from the panel co-chairs:*

*Philippe Sands QC*, Professor, University College London; barrister, 
Matrix Chambers; author, /East West Street: On the Origins of Genocide 
and Crimes against Humanity /(UK/France/Mauritius):

/“It has been a privilege to contribute to this work, inspired by the 
efforts of Hersch Lauterpacht and Rafael Lemkin in giving the world 
‘crimes against humanity' and ‘genocide’, back in 1945. Ecocide is about 
law in the service of our planet, a means of changing consciousness and 
of harnessing the idea and ideals of international justice for the 
greater good.” /

*Dior Fall Sow, *UN jurist and former prosecutor (Senegal):

/“This is the beginning of a difficult but exhilarating adventure that 
should only end with the introduction into the Rome Statute of this 
fifth crime of ecocide. Let's dare to do it!” /

*[Additional panelists’ quotes below.]*

Support for an ecocide law criminalising mass damage and destruction of 
ecosystems is gaining momentum around the world with recorded interest 
from both island nations (Vanuatu and the Maldives) and European states 
(France, Belgium, Finland, Spain, Luxembourg). It has been endorsed by 
high-profile figures such as the Pope, Greta Thunberg and Dr Jane 
Goodall. Belgium is the first European nation to have raised 
criminalizing ecocide at the International Criminal Court, and the 
European Parliament has now supported in principle on several occasions 
<https://www.stopecocide.earth/press-releases>.

*MEP Marie Toussaint* who has made it her mission to progress 
recognition of ecocide by the EU, is delighted: /“After years and years 
of non-stop mobilisation and struggle all over the world, recognition of 
ecocide has gained strength and public support. This recognition is 
essential if we want to protect all life on our planet, as well as peace 
and human rights.”/

She continued: /“This highly qualified panel has shown today not only 
that this is legally feasible, but also that we can have a shared 
international understanding and definitions. Our role now, as 
parliamentarians from all over the world, is to work towards legal 
recognition in every single state along with support for this amendment 
to the Rome Statute. You can count on me for that! Justice and nature 
will prevail!”/

There is currently no legal framework to deal with ecocide at an 
international level, and therefore no system to hold corporate and 
government decision-makers accountable for environmental damages and 
abuses such as oil spills, mass deforestation, ocean damage or severe 
pollution of waters. Enshrining ecocide in international law would 
enable perpetrators to be put on trial at the International Criminal 
Court or in any ratifying jurisdiction.

You can keep up to date with Stop Ecocide International and the work of 
the Stop Ecocide Foundation on: Twitter 
<https://twitter.com/EcocideLaw>, LinkedIn 
<https://www.linkedin.com/company/stop-ecocide-international/>, Facebook 
<https://www.facebook.com/EcocideLaw>and Instagram 
<https://www.instagram.com/ecocidelaw/?hl=en>.

****ENDS****

*Interview requests etc:* press at stopecocide.earth *Website:* 
www.stopecocide.earth <http://www.stopecocide.earth/>*Comment (Stop 
Ecocide)*: Jojo Mehta +44 7746 395323 <tel:+447746395323> (whatsapp)  
jojo at stopecocide.earth

*Notes to Editors*

The Stop Ecocide Foundation <http://www.stopecocide.earth/> both 
advocates for and facilitates steps towards making ecocide a crime at 
the International Criminal Court (ICC) in order to prevent devastation 
of nature and so protect the future of life on Earth.  It is the only 
global NGO with this exclusive focus.

The Foundation has an expanding network of communication teams around 
the globe and websites in multiple languages.  A growing number of ICC 
member states <https://www.stopecocide.earth/leading-states> (as well as 
the Pope and the European Parliament) have publicly expressed interest 
in an international crime of ecocide.

This progress has been actively facilitated by Stop Ecocide’s campaign 
narrative alongside strong legal, diplomatic and grassroots 
collaborations.  The work <https://www.stopecocide.earth/what-we-do>of 
the Foundation sits at the intersection of these three areas, and is 
thus uniquely positioned both to support and to amplify 
<https://www.stopecocide.earth/press-releases> the global conversation. 
*Assets:*

Expert panel photographs 
<https://www.dropbox.com/sh/b4ecxc2ue1qhj76/AAD138zK1laXZrI8hcBhkXwja?dl=0><https://www.dropbox.com/sh/b4ecxc2ue1qhj76/AAD138zK1laXZrI8hcBhkXwja?dl=0>Ecocide 
Law website <https://ecocidelaw.com/> - just launched: a comprehensive 
and growing resource hub of academic and legal material, including 
historical timeline and publications relating to ecocide. FAQs 
<http://www.stopecocide.earth/faqs-definition>

*Additional panelist quotes:*

*Deputy Chairs:* *Kate Mackintosh, *Executive Director, Promise 
Institute for Human Rights, UCLA School of Law (US/UK):

/“This is an exciting moment for us all, as we emerge with a practical 
definition of ecocide that is both timely and overdue. I believe this 
legally robust and credible text can take its place alongside the other 
international crimes, and signal a sea change in our attitudes to the 
protection and preservation of our planet.”/

*Richard J Rogers,*/Partner, Global Diligence; Executive Director, 
Climate Counsel (UK)/

/“ ‘Ecocide’ is a criminal law for the 21st Century. If humanity is to 
reach the 22nd Century with peace and security, we must tame the 
environmental abuse that has plagued the earth for hundreds of years.”/

*Panelists:*

*Valérie Cabanes, *International jurist and human rights expert (France)://

/“We need to broaden the range of the most serious international crimes 
by recognising a fifth crime against the peace and security of humanity: 
the crime of ecocide. By destroying the ecosystems on which we depend, 
we are destroying the foundations of our civilisation and mortgaging the 
living conditions of all future generations. This is no less serious 
than war crimes, crimes against humanity, or the crimes of genocide or 
aggression.  As well as being a major issue of global 
socio-environmental justice, is it not ultimately the survival of the 
human species that is at stake? /

*Pablo Fajardo, *Environmental lawyer (Ecuador):

/“It is imperative to recognize that ecocide is a global threat and 
needs to be responded to accordingly. We are pleased to be part of this 
Panel because it has managed to propose a legal formula capable of 
addressing these types of threats.”/

*Syeda Rizwana Hasan,* Director, Bangladesh Environmental Law 
Association (Bangladesh):

/“We, in the global south, are witnessing massive destruction of natural 
systems in the name of development, against which national legal systems 
are not responding adequately. If forests are not protected, emission of 
greenhouse gases not curtailed and sea level rise not prevented, the 
next generation will have to draw maps of Bangladesh and other South 
Asian countries differently.  We need recognition of ecocide in 
international law, to defend Mother Earth, nature and both present and 
future generations.”/

*Charles C Jalloh*, Professor, Florida International University/UN 
International Law Commission (Sierra Leone):/“It has been wonderful to 
work with such a great team of international law scholars and 
practitioners on this independent expert panel for the definition of a 
new crime of ecocide. I am pleased that, despite our diverse backgrounds 
and expertise, we reached a consensus definition. I am hopeful that the 
outcome will prove useful to States. And that it might even catalyze a 
much needed amendment to the Rome Statute of the International Criminal 
Court to finally include ecocide in the list of most serious crimes of 
concern to the international community as a whole.”/

*Rodrigo Lledó, *Director, Fundación Internacional Baltasar Garzón 
(Chile/Spain):

/“The intellectual generosity of the panel members was truly surprising 
and motivating, and enabled us to reach a balanced definition. I hope 
that the States will adopt this definition as their own. It is urgent. 
Destroying the environment in a massive and irresponsible way must cease 
to be internationally legal.”/

*Tuiloma Neroni Slade, *Former ICC judge (Samoa):

/“The panel's proposals are based on established principles of law and 
are aimed at strengthening the ability of the ICC to respond to matters 
of the utmost seriousness to the international community. It has been a 
special privilege to take part in the work of such a highly committed 
and distinguished international panel."/

*Christina Voigt, *Professor, University of Oslo (Norway):

/“The definition is a tool to which we applied our collective expertise 
in the conviction that severe destruction of the environment needs to 
stand on par with other international crimes. It is a tool we can only 
hope governments will find useful in their future deliberations.”/

*Alex Whiting, *Former International Criminal Court prosecutions 
coordinator; Professor, Harvard Law School (US):

/"Defining the crime is a first step on a path of discussion, debate, 
and, one day, ratification. The hope is that the process will energize 
states to think about how to use international criminal law to target 
the most grave environmental crimes while at the same time deploying 
domestic criminal and regulatory law to address a broad range of 
environmental harms that threaten our planet."/

/The Stop Ecocide Foundation is a registered foundation in the 
Netherlands with charitable (ANBI) status. Registered address: Nieuwe 
Herengracht 18, 1018DP, Amsterdam. Postal address: Postbus 601, 1180 AP 
Amstelveen. Registered foundation number: 76532054 <tel:76532054>./

Older PostLed by Belgium, parliamentarians worldwide support ecocide law 
<https://www.stopecocide.earth/press-releases-summary/-led-by-belgium-parliamentarians-worldwide-support-ecocide-law>



Lili Fuhr
Referentin Internationale Umweltpolitik / Head of International 
Environmental Policy Division
Heinrich-Böll-Stiftung
Schumannstraße 8
D - 10117 Berlin
T +49 (0)30 285 34 304
F +49-(0)30 285 34 5304
M +49 (0)151 40201775
E: fuhr at boell.de <mailto:fuhr at boell.de> / www.boell.de 
<http://www.boell.de>
Twitter: @Boell_Ecology
https://klima-der-gerechtigkeit.de/ <https://klima-der-gerechtigkeit.de/>

Amtsgericht Charlottenburg | Registernummer VR 17462 B

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