The inclusion of Ecocide law as international law would prohibit mass damage and destruction of the Earth and create a legal duty of care for all inhabitants that have been or are at risk of being significantly harmed due to Ecocide. The duty of care applies to prevent, prohibit and pre-empt both human-caused Ecocide and natural catastrophes. Where Ecocide occurs as a crime, remedy can be sought through national courts and the International Criminal Court (ICC) or a similar body.
Ecocide is the extensive damage to, destruction of or loss of ecosystem(s) of a given territory, whether by human agency or by other causes, to such an extent that peaceful enjoyment by the inhabitants of that territory has been or will be severely diminished.
The Rome Statute is one of the most powerful documents in the world, assigning ‘the most serious crimes of concern to the international community as a whole’ over and above all other laws. Crimes that already exist within the jurisdiction of the International Criminal Court under Article 5 of the Rome Statute are known collectively as Crime Against Peace. They are:
Article 5(1) The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
1. The Crime of Genocide
2. Crimes Against Humanity
3. War Crimes
4. The Crime of Aggression
Proposed To be added:
5. The Crime of Ecocide.