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On 18 June 2024, the project “Conceptualizing Ecocide” of the Pathways to Sustainability organized a workshop titled “Addressing Severe Environmental Damage Through (International) Criminal Law: Grappling with Recent Initiatives and Their Prospects”.

Dr. Brianne McGonigle Leyh (Associate Professor with the Netherlands Institute of Human Rights (SIM) and Montaigne Centre on Rule of Law and Administration of Justice) introduced and moderated the workshop. The first part of the workshop featured two guest speakers – (Assistant Professor of Public International Law, Grotius Centre for International Legal Studies, Leiden ľ�ϸ���Ӱ��) and (PhD fellow and Lecturer in Criminal law, ľ�ϸ���Ӱ�� of Amsterdam).

The second part of the event kicked off with a video-recorded message from (Professor of International Law & Security at the ľ�ϸ���Ӱ�� of Copenhagen's Centre for Military Studies and Special Advisor to the Prosecutor of the International Criminal Court on War Crimes). Four additional speakers then took the floor: Prof. Cedric Ryngaert (Professor of Public International Law, Utrecht ľ�ϸ���Ӱ��), Dr. Daan van Uhm (Associate Professor of Criminology, Utrecht ľ�ϸ���Ӱ��), (PhD candidate, ľ�ϸ���Ӱ�� of Haifa; and member of Stop Ecocide International), and Dr. Luigi Prosperi, (Willem Pompe Institute for Criminal Law and Criminology, Utrecht ľ�ϸ���Ӱ��).

Jason Rudall and Merle Kooijman set the stage for the discussion about some of the most recent initiatives aimed at addressing ecocide and severe environmental degradation through (international) criminal law.

In his presentation, Jason Rudall looked at ecocide through three different lenses. He first explored the genesis of the concept and the “expressivistic” purpose of its criminalization, and thus broadened the scope of his analysis by looking at the wider phenomenon of accountability for environmental damage pursuant to international law. Among others, he discussed States’ responsibility for environmental damage as well as criminal accountability of individuals and corporations (including through an amendment of the Statute of the International Criminal Court). In respect of the latter, he highlighted the “expressive” function of the criminalization of ecocide as an international crime falling under the jurisdiction of the ICC, as this would be an effective way of affirming society’s values and upholding victims’ rights and dignity.

Following up on this argumentation, Merle Kooijman focused on the philosophical foundations of ecocide as an international crime. In particular, she identified and discussed potential incompatibilities between ecocide and international criminal law, especially with regard to conducts committed in peace time. In order to address such incompatibilities, she proposed to look at the issue at hand through the lens of green criminology and the environmental philosophy of care. However, she also stressed that international criminal law might not be the appropriate legal system to turn to for this purpose in light of – among others - its peculiar approach to victimhood as well as perpetratorship.

In the second part of the workshop, the speakers focused on the recent initiatives aimed at addressing ecocide and their prospects. In his video message, Kevin Jon Heller discussed the launched by the Office of the Prosecutor of the ICC for a Policy Paper on environmental crimes.

Cedric Ryngaert followed up on this message, providing an overview of the brief submitted by a group of scholars (including members of the “Conceptualizing Ecocide” research team and himself) – which you can find here. He also took the chance to present the “Ecocide Knowledge Hub” project, one of the projects run by the “Conceptualizing Ecocide” team.

Daan van Uhm focused on the criminological dimension of ecocide, exploring both the ethical dimension and the practical challenges relating to the criminalization of ecocide. Among others, he discussed the ecocentric perspective that should underpin such initiatives and inquired whether in order to succeed, they should also entail the re-conceptualization of harm and other distinguishing features of international criminal law.

In his presentation, Dani Spizzichino provided an overview of the latest developments in the campaign to make ecocide an (international) crime, both with regards to the initiative to incorporate it in the Rome Statute as a fifth crime falling under the jurisdiction of the ICC as well as to campaigns relating to the criminalization at the European and national level. In discussing these project, he also showed how ecocide is contributing to the evolving nexus between human rights, environmental protection and climate change.

Lastly, Luigi Prosperi focused on the new on the protection of the environment through criminal law, adopted by the European Parliament and the Council on 11 April 2024. He presented some of the key provisions of the directive identifying strengths– such as the introduction of “qualified offences” and of new penalties (including against legal persons) – and weaknesses – particularly the fact that the directive does not impose an obligation upon EU Member States to introduce corporate criminal liability for environmental crimes.

The presentations sparked a very lively debate. The Q&A session at the end of the workshop provided speakers and participants with the opportunity to delve deeper into the above-mentioned issues as well as to share their views.

Speakers and organizers want to take this opportunity to express their gratitude towards some of the people who joined the discussion offering invaluable insights and perspectives, including Lammert van Raan (one of the drafters of the Dutch Ecocide Law), Judith Alkema (one of the drafters of the Dutch Ecocide Law and member of Stop Ecocide Netherlands), and members of Stop Ecocide Netherlands and Italy.