Global Recognition of Ecocide and the WYCJ

By: Aditi Shetye

The call for the criminalization of ecocide

There is a growing community of stubborn optimists looking to use the international legal system and legal theory to respond to our collective task of creating a world where climate justice is the norm. The global campaign calling the introduction of ‘ecocide’ into international criminal law is one of those initiatives. In 2010, Polly Higgins, presented a proposal before the United Nations Law Commission to amend the Rome Statute to include “ecocide” as a fifth crime against peace.  After 2010, a global coalition formed behind this demand. 

WYCJ and Ecocide

Just like pursuing the ICJ Advisory Opinion, the recognition of ecocide is about putting the international system to work to tackle some of the most pressing issues of the 21st century, and bringing justice to people and the planet who are falling victim to the large-scale degradation of our planet. WYCJ is therefore highly supportive of the widespread call for the recognition of ecocide.

The difference between the two campaigns

The International Criminal Court (ICC) is involved in prosecuting crimes of genocide, crimes against humanity, war crimes and crimes of aggression. Amending the Rome Statute to recognize the international crime of ecocide is about holding those accountable who have caused massive degradation of ecosystems and the planet. The International Court of Justice (ICJ) has contentious jurisdiction (e.g. a boundary conflict between two states) and also advisory jurisdiction. This means that the ICJ can answer legal questions submitted to the court on a matter of international law by delivering an Advisory Opinion.An ICJ Advisory Opinion on climate change and human rights is about doing justice to those most affected by the impacts of climate mitigation, adaptation and loss and damage, and pursuing equitable solutions for future generations.

One tool in the toolbox

As a network of civil society and youth organizations, we are stubbornly optimistic that the increasing efforts to pursue climate justice are building global pressure for a more equitable world. We believe mitigation and adaptation measures can bring about the effect that we need them to have. We also know that some states have historic responsibility for emissions, and hence we look to those with responsibility for support and for meaningful collaboration]. We believe that making ecocide a crime can be, just like an ICJ Advisory Opinion can, be one tool in the toolbox necessary to face the world’s biggest problem. 

Read more on ecocide here.