The Fifth International Crime is...
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Date
Did you know that there are currently four core international crimes dealt with by the Rome Statute of the International Criminal Court? They are: genocide, war crimes, crimes against humanity, and the crime of aggression. You can read about these four core international crimes (and examples) here.
Soon there may be five.
An article on this topic, with the curious title: “How 165 Words Could Make Mass Environmental Destruction An International Crime”, from the USA’s National Public Radio website, caught my eye.
So what is this 5th Crime? Have you ever heard the word ecocide? Well, that’s it. That is possibly going to become that 5th international crime.
Here’s the definition of ecocide:
Image from https://www.stopecocide.earth/expert-drafting-panel
Just this month, an Expert Drafting Panel (see this link for detail) drafted a 165-word statement that would add ecocide as the fifth international crime. Who is this “Expert Drafting Panel”?
From the Ecocide Law webpage:
The panel was convened by the Stop Ecocide Foundation on the request of interested parliamentarians from the governing parties in Sweden. Expert advice was solicited and a public consultation took place in early 2021 attracting hundreds of responses from legal, political, economic, youth, faith and indigenous perspectives from around the world. All of this material fed into the panel’s deliberations over six months.
The panel comprised a mixture of renowned international criminal lawyers, environmental lawyers and legal scholars drawn from around the world, with a wide range of backgrounds and perspectives. The group reported in June 2021 with a core definition text in English and accompanying commentary.
Although this seems like it’s something “new”, it’s not. From the NPR article:
The intent to make ecocide an international crime isn't new. The idea was brought up by then-Swedish Prime Minister Olof Palme at the 1972 U.N. Conference on the Human Environment. In his speech, he warned that rapid industrial progress could deplete natural resources at unsustainable levels. But even before that biologist and bioethicist Arthur Galston used the word "ecocide" at the 1970 Conference on War and National Responsibility in Washington, D.C.
So what are the 165 words?
For the purpose of this Statute, “ecocide” means 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.
For the purpose of paragraph 1:
a. “Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
b. “Severe” means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources;
c. “Widespread” means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
d. “Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
e. “Environment” means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space.
Getting this completed so that the International Criminal Court includes it in the list of crimes is a project unto itself:
The steps for getting this to be that 5th international crime:
- One of the International Criminal Court's 123-member countries (which do not include the U.S., China or India) would have to submit a definition to the United Nations secretary-general
- The proposal must then be voted on by a majority of members of the ICC at the annual assembly in December in order to be considered.
- Once the final text for an amendment is discussed and agreed upon, two-thirds of member countries must vote in favor.
- The vote is ratified and must be enforced in countries a year later. While it will become a criminal offense in the countries where it is ratified, ratifying nations may arrest non-nationals on their own soil for ecocide crimes committed elsewhere. This means citizens of countries that are not members of the ICC could still be affected.
You can download the full wording here:
https://static1.squarespace.com/static/5ca2608ab914493c64ef1f6d/t/60d7479cf8e7e5461534dd07/1624721314430/SE+Foundation+Commentary+and+core+text+revised+%281%29.pdf
There is also much more about this here and here.
Not everyone agrees. It’s worth listening to skepticism on this (having a variety of views is a good thing).
Here are some skeptical thoughts about this from the International Commission of Jurists. I am not a lawyer, and some of this gets pretty geeky (in legal terms), but it is interesting to explore the legal analysis of these 165 words.
http://opiniojuris.org/2021/06/23/skeptical-thoughts-on-the-proposed-crime-of-ecocide-that-isnt/
What’s the connection to project management and sustainability? Well, when it comes to responsibility in project management, we should act responsibly (in terms of environmental impact) because it’s the right thing to do. However, knowing that doing otherwise is an international crime – well that adds another whole layer of awareness, doesn’t it?
Posted
by
Richard Maltzman
on: June 28, 2021 01:00 AM |
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Kwiyuh Michael Wepngong
Community Champion
Financial Management Specialist | US Peace Corps
Yaounde, Centre, Cameroon
oh wow!!! I got new word today and it's ecocide
very interesting topic, thanks for sharing!
Interesting ...And its the need of the hour to set house in order...
Stephen Robin
Project Analyst Trainee| Ministry of Works and Transport
Arima, Ari, Trinidad and Tobago
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