Should Ecocide be an International Crime?

In recent years, ecocide has emerged in the fight against environmental destruction.

But what is it? This powerful new legal concept is gaining traction as the world grapples with the escalating climate crisis and subsequent biodiversity loss.

This emphasis — and burning need to make meaningful impact  — has given momentum to the push to recognise ecocide as an international crime. 

The new legal framework aims to hold decision-makers accountable for severe environmental damage, potentially reshaping how we approach energy production and resource extraction.

What is ecocide?

Ecocide refers to widespread, severe or systematic destruction of the environment.

Ecocide is not currently an international crime that applies in peacetime, but it is considered a war crime under the Rome Statute.

The proposed legal definition, developed by an independent panel of experts in 2021, describes ecocide as “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”.

It can be caused by many things, including war, pollution, over-exploitation of natural resources and industrial disasters. 

The term was popularised by former Prime Minister of Sweden Olof Palme at the 1972 UN Conference on the Human Environment. There, he emphasised the need for a global response to the environmental crisis and called for far-reaching changes in attitudes and social structures.

In 2023, the European Union (EU) addressed ‘conduct comparable to ecocide’ in its newly revised Environmental Crimes Directive. 

There are many countries that are considering making ecocide a crime, and some have already done so.

Armenia, Belarus, Belgium, Ecuador, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Ukraine and Uzbekistan have all made ecocide a crime in their respective law systems.

France was the first EU country to criminalise ecocide in 2021. 

Belgium, Brazil, Finland, Italy, Mexico, Netherlands, Peru, Scotland and Spain aren’t far behind these countries, considering their own national ecocide laws.

The Democratic Republic of the Congo (DRC): Throwing its weight behind making ecocide an international crime

In a historic statement at the 2024 United Nations Biodiversity Conference (COP16), the Democratic Republic of the Congo (DRC) has become the first African nation to declare its support for establishing ecocide as an international crime.

This endorsement aligns with a formal proposal from Vanuatu, Fiji and Samoa to amend the Rome Statute of the International Criminal Court (ICC), reflecting the growing global momentum to secure accountability in international law for the most severe crimes against nature.

This statement positions the DRC within a growing international community dedicated to strengthening environmental protection at the highest legal level. 

Ecocide legislation aims to prevent harm by holding those in the most senior positions of power — whether in the private sector or government — criminally accountable for decisions that lead directly to mass environmental destruction.

“I would really like the Democratic Republic of Congo, when there is a violation of ecosystems, for those responsible to be punished and held accountable for their actions, and for the destruction of ecosystems to be made a crime recognised under Article 7 of the Rome Statute of the International Criminal Court,” said DRC Minister of the Environment Ève Bazaiba in a statement given at a dedicated press conference.

With its vast rainforests and exceptional biodiversity, the central African nation faces serious environmental threats including from deforestation, illegal mining and climate change. 

Eve added: “By supporting this initiative, we protect our natural heritage and send a clear message that environmental crimes will not go unpunished.”

Reaction to DRC’s ecocide move

Ralph Regenvanu, Special Envoy for Climate Change and Environment from Vanuatu, says: “The DRC's support for the historic proposal from Vanuatu, Fiji and Samoa represents a decisive milestone in the global mission towards the recognition of ecocide.

“This gesture not only demonstrates remarkable solidarity from a Central African state towards vulnerable island nations in the Pacific but also a firm commitment to environmental justice at the international level.”

Jojo Mehta, Co-Founder & CEO of Stop Ecocide International, adds: “By supporting the recognition of ecocide as an international crime, the DRC is showing the way forward for other African nations. 

“This strong stance sends a clear message: protecting our planet and those that come after us must become a global priority.”

Patricia Willocq, Francophone Countries Director at Stop Ecocide International, continues: “By supporting the recognition of ecocide as an international crime, the DRC is not only protecting its unique ecosystems but also future generations. 

“This historic commitment reflects a determination to ensure that the rights of nature are respected and enshrined in international law.”

Ecocide’s impact on the energy industry

The energy industry stands at the centre of the ecocide debate. 

While fossil fuels have powered global development for more than 100 years, their extraction and use have also contributed significantly to environmental degradation and climate change. 

Under an ecocide law, energy companies and government officials could potentially face criminal charges for actions leading to severe environmental harm.

While cleaner forms of energy generation, such as power from renewable sources, are generally considered more environmentally friendly, large-scale renewable projects could also face scrutiny. 

For instance, hydroelectric dams that significantly alter ecosystems or solar farms that impact wildlife habitats may need to be re-evaluated.

The same goes for nuclear energy, for example. The long-term environmental impacts of nuclear waste storage — as well as the potential for catastrophic accidents — could come under increased legal scrutiny.

So where can the industry go from here? As the concept of ecocide gains traction around the world, it’s clear that the energy sector will need to adapt. 

This may accelerate the transition to cleaner energy sources and more sustainable practices, but just because a project is branded green — it doesn’t necessarily mean it is.

One thing that is becoming increasingly apparent, however, is that the recognition of ecocide as a crime could represent a paradigm shift in how we value and protect our planet’s ecosystems. 

For the energy industry, it signals a future where environmental stewardship is not just good practice, but a legal imperative. 

As this movement progresses, it will be crucial for energy companies, policymakers, and environmental advocates to work together in shaping a sustainable and just energy future.

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