With MSPs being recently informed of the concept of 'ecocide', Jojo Mehta, Co-Founder of Stop Ecocide International is now urging Holyrood to now enshrine the terminology into official law
Members of the Scottish Parliament were recently briefed on a legal concept that is rapidly gaining traction on the international stage: ‘ecocide’. It is widely recognised that humanity stands at a crossroads. As underlined in the Intergovernmental Panel on Climate Change (IPCC’s) Sixth Assessment Report (August 2021), the scientific evidence points to the conclusion that the emission of greenhouse gases and the destruction of ecosystems at current rates will have catastrophic consequences for our common environment.
Momentum around this new crime has gathered significantly since consensus was reached on the core text of a definition of ecocide as an international crime by an Independent Expert Panel for the Legal Definition of Ecocide. This panel, comprising 12 lawyers from around the world, with a balance of backgrounds, and expertise in criminal, environmental, humanitarian and climate law, was convened by the Stop Ecocide Foundation and co-chaired by British/French barrister Professor Philippe Sands QC and Senegalese jurist Dior Fall Sow.
The group was assisted by outside experts and a public consultation that brought together hundreds of ideas from legal, economic, political, youth, faith and indigenous perspectives from around the globe. The definition, launched in June 2021, is clear and concise: “Ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or longterm damage to the environment being caused by those acts. This definition is already being considered by a number of governments and it strikes a balance between protection from the most egregious harms and acceptability to governments with varying national legal provision in place.
COP26 presents Scotland, and more broadly the UK, with a requirement for global leadership on the climate and ecological crisis; support for an international crime of ecocide is an opportunity to show this strongly. Amending the Rome Statute will take some time (an estimated four to five years) and requires broad global support from 80 plus states. It does not therefore constitute an immediate political and economic risk, but nonetheless it strongly encourages the necessary transition policies and compliance pathways towards sustainable and genuinely eco-effective practices.
The UK is the seat of the industrial revolution, and is also at the origin of the present global legal system which focuses heavily on private ownership; both have brought prosperity to many but also, as we are at last acknowledging, relentless destruction to our planetary home (‘ecocide’ means, etymologically, ‘killing one’s home’). With a centuries-established history of innovation and pioneering, it would be both just and fitting for Scotland and the UK to lead the world in respect of this new international law to protect ecosystems and future generations of all species, helping in this way to engineer a new and desperately needed global ecological responsibility.
We simply cannot allow ecocide to continue with impunity. Certain moments in history demand not only practical but also deeply moral leadership. This is such a moment, and support for an international crime of ecocide offers both. The RSGS climate solutions course was written to make it as easy as possible for managers to understand both the responsibilities, but also the likely direction of future policy and legislation. It is going to become increasingly important for all businesses and organisations to understand this. Some of this legislation is likely to be national, like the Scottish and UK climate targets such as net zero, electric vehicle commitments and moving away from gas and coal in the energy supply.
However, this will be matched by increasingly evident international law. One of the best examples of this global drive for greater legislative power in support of the environment, is the campaign which was started by a Glaswegian and is now gaining momentum around the world: Ecocide. With the growing awareness of sustainability and with the increasing fragility of global ecosystems, Scottish barrister, author, and environmental lobbyist, Polly Higgins started a campaign to have the destruction of environmental habitats recognised by the international courts.
The law of ecocide is proposed to sit alongside laws on war crimes and genocide, and is gaining more and more traction with governments around the world as it provides a legal basis for the defence of nature and against environmental destruction.
This article was brought to you in association with Climate Solutions Network
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