During the 1980s and 1990s, diplomats considered including ecocide as a grave crime as they debated the authorities of the International Criminal Court, which was primarily established to prosecute war crimes. But when the court’s founding document, known as the Rome Statute, went into force in 2002, language that would have criminalized large-scale environmental destruction had been stripped out at the insistence of major oil producing nations.
In 2016, the court’s top prosecutor signaled an interest in prioritizing cases within its jurisdiction that featured the “destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.”
That move came as activists seeking to criminalize ecocide had been laying the groundwork for a landmark change to the court’s remit. Their plan is to get a state that is party to the Rome Statute — or a coalition of them — to propose an amendment to its charter establishing ecocide as a crime against peace. At least two-thirds of the countries that are signatories to the Rome Statute would have to back the initiative to outlaw ecocide for the court to get an expanded mandate, and even then it would only apply to countries that accept the amendment. Still, it could change the way the world thinks about environmental destruction.