Further to our recent update on the EU’s revised Directive on protection of the environment through criminal law (2024/1203) (the “Directive”), we have been continuing to follow developments in relation to the criminalisation of serious environmental damage or ‘ecocide’. 

Growing interest in Europe

Member states have two years to imcorporate the Directive and adapt their national laws accordingly. While members states look to do this, the conversation around how best to deal with serious environmental damage continues. Since our last update, there have been some developments in relation to implementation of the Directive, and recognition of ‘ecocide’ more widely, in Europe: 

• 15 May 2024 – Swedish parliament voted to reject six members’ bills which contained proposals to prohibit serious environmental damage under international law, and within the remit of the International Criminal Court (“ICC”).[1] The bills were rejected on the basis that the government had already expressed support in relation to amending the Rome Statute to include an offence similar to ecocide.
• 14 June 2024- In Finland, the ruling National Coalition Party supported a proposal to register ecocide as a crime under international law which would include amending the Rome Statute of the ICC to include a separate crime of ecocide. 
• 1 July 2024 - The Green and Left Alliance in Italy introduced an ‘ecocide’ bill to Italy’s parliament which is consistent with the Directive.
• July 2024 – France’s international development agency published a report with commentary supporting a new international crime of ‘ecocide’, and praising the Directive for laying the foundation to recognise ‘ecocide’ as a crime.

There is a wider ongoing conversation and recognition around the concept of ‘ecocide’ and similar offences, but for the majority of member states it remains to be seen how legislation on this point will take shape and implementation will help to protect the environment from serious damage. 

Developments in the UK

In our previous update we noted that Baroness Boycott introduced a private members’ bill to the UK House of Lords (the Ecocide Bill) in November 2023. Due to the recent UK general election, the Ecocide Bill has not progressed. The Labour party previously indicated its support for discussions around the creation of a new international law of ecocide, but this has not been reflected in formal policy and there have been no further statements on this since the general election. It remains to be seen whether any policy or further private members’ bills on this topic will be introduced, particularly against the backdrop of developments in Europe and internationally.

In Scotland, the consultation period for the Ecocide (Prevention) (Scotland) Bill proposed by Monica Lennon MSP closed on 9 February. We are currently waiting for a consultation report to be published, but as of May 2024 the topic was still on the agenda in Scottish Parliament with the Net Zero, Energy and Transport Committee indicating that it was waiting to see how the position under the Directive progressed. As Monica Lennon MSP was re-elected into Scottish Parliament in the general election, it is anticipated that she will continue to drive discussion around the introduction of an ecocide bill in Scotland. 

The wider picture

The crime of ecocide has been formally introduced for consideration by member states of the ICC. On 9 September 2024 Vanuatu, Fiji and Samoa made a submission to the ICC proposing that ‘ecocide’ is included as a crime in the Rome Statue. As a result of the submission, it is anticipated that the ICC will be required to discuss this issue with its member states. We therefore expect further international developments in the near future. 

The general theme of support for criminalising serious environmental damage continues on the international stage. In Peru, three ‘ecocide’ bills have recently been introduced into parliament. The three bills incorporate the recognised definition of ecocide and propose criminal sentences for breaches. At a recent conference titled “The Promise of International Law in the Face of Ecological Crises”, a number of the speakers encouraged amendments to the Rome Statute to include ecocide as an international crime. Equally, three members of the Canadian parliament have recently expressed their support for making ecocide an international crime.

What do these developments mean?

While there have been a number of expressions of support in relation to making ‘ecocide’ an international crime, it is too early to say whether ecocide will be listed in the Rome Statute as a crime and what impact this may have on large scale environmental damage. As the implementation period for the Directive continues, we expect members states to adopt individualised approaches and it will be interesting to see how this impacts any proposed legislation in the UK.

As explained in our previous update, while we do not expect any ‘ecocide’ related legislation in the UK any time soon, we recognise that individuals and companies will want to be reviewing their environmental protection measures and reflecting on current practices to identify any risks if such legislation comes into effect. 

It is also worth noting that ecocide is attracting public support, with a recent IPSOS survey indicating that 72% of people across G20 countries were in favour of ‘ecocide’ being introduced as a crime.[2] As with many environmental matters, public interest can put pressure on organisations to take action. It is therefore a good time for individuals and companies to review current practices and put plans in place to deal with any risks. 

If you have any questions or would like further information on how these developments may impact you, please contact Michael Barlow or Victoria Barnes.

This article was written by Lucy Ashmore and Victoria Barnes.

[1]Today the Riksdag is voting on ecocide - act, the government! - Current Durability (www-aktuellhallbarhet-se.translate.goog)

[2]IPSOS Survey, 2024