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Strategy to make Ecocide illegal

Strategy for Making Ecocide the 5th Crime Against Peace

COMMENTARY

Peter Burgess

Strategy for Making Ecocide the 5th Crime Against Peace

Eradicating Ecocide’s goal is to end the era of ecocide by making Ecocide the 5th Crime against Peace. This requires an amendment to the Rome Statute, the UN Statute that sets out the existing four Crimes Against Peace. There are 121 countries that are signatories to the Rome Statute (these are known as ‘State Parties’).

It only takes one Head of State who is a signatory to call for an amendment to the Rome Statute in order to make Ecocide a Crime Against Peace. It then requires an additional 80 signatures from State Parties for Ecocide to be made an international crime.

To achieve our goal, we have a two-pronged strategy: Top down and Bottom up.

Top down: Influence the Influencers

In seeking a Head of State to propose an amendment that will make Ecocide an international crime, we will focus our efforts on: Countries that are State Parties to the Rome Statute;

• Countries where we have good contacts to people with influence; and
• Countries with well-functioning democracies that are responsive to the will of their people and can work effectively with the international community.

1. The countries that we have identified as key targets in this strategy include:

• Small Island Developing States (SIDS): Seychelles, Comoros, Mauritius
• Norway
• Bolivia
• Costa Rica
• Bangladesh

2. We will also continue to engage with key influencers in the U.S. and China because they are such significant players on the world stage and cannot be ignored. Although the US and China are not signatories to the Rome Statute, it is important that Civil Society and government officials China and the US are aware of the international discussion about making ecocide an international crime; both countries also have environmental movements that will play an important role in the campaign to eradicate ecocide. This will help raise the issue of ecocide globally and strengthen the discussion of environmental destruction as a moral question and a human rights issue, as well as an environmental problem.

3. We have established Strategic Partnerships with organisations that will use their contacts and influence to help us gain access to Cabinet-level Ministers and other key players in the countries we have identified as most likely to propose an amendment to the Rome Statute.

• The Cayman Institute (TCI). TCI is connecting us with their extensive network of contacts in Small Island and Developing States (SIDS). They have already introduced us to the Minister of the Environment of the Seychelles who has responded to say that he will work with us to set up meetings in his own country and make introductions to key influencers in the other SIDS.
• Human Rights Consortium (HRC), University of London. The HRC launched their Ecocide Project in July 2012. HRC’s research on legal aspects of the Law of Ecocide, as well as the connection between ecocide and human rights issues, will be used in our contacts with high-level government officials, legal professionals and the media. They will also be involved in our follow-up with contacts we made in Rio at the World Congress on Justice, Governance and Law for Environmental Sustainability.
• Ambrose Appelbe Solicitors. Felix Appelbe is making introductions to business leaders, legal professionals and other influential people in Norway who have access to the highest levels of government in Norway.

4. Who is Charles Grant? This is our advertising and social media campaign that calls on business leaders to speak out about ecocide. Charles Grant was a visionary leader of a global business who decided not to accept profit at any cost and used his power and influence to help end the slave trade. Our campaign is an invitation for today’s CEOs to take this level of moral leadership. We already have 15 nominees. We met with business leaders at Corporate Sustainability Forum in Rio and will be strategizing with them about encouraging their colleagues to champion ecocide law as a way to bring about truly sustainable business. www.whoischarlesgrant.com

5. United Nations Environmental Program (UNEP)

The World Congress on Justice, Governance and Law for Environmental Sustainability was the first of its kind. It brought together Chief Justices and senior judges, Attorneys-General, Public Prosecutors and Auditors-General from around the world to create a document detailing how law can be used to achieve sustainable development. This was then delivered to Heads of State at the Earth Summit. Louise, Ecocide’s Legal Coordinator was a highly visible participant in the Congress, raising the issue of ecocide several times during the Plenary Session, in working groups and informally between sessions. The final outcome document was unambitious and did not include any reference to Ecocide Law; this led to further debate and high visibility about ecocide during the last Plenary Session and in the media.

However, the World Congress did call for UNEP to have greater powers in leading the global environmental law-making agenda. This was taken into account in the outcome document of the Earth Summit, resulting in commitments to strengthen UNEP in a number of ways. Our strategy is to continue to engage in dialogue with UNEP, in particular with Bakary Kante, Director of the Division of Environmental Law and Conventions of the UNEP, and with UNEP Goodwill Ambassadors for the Environment. We will also attend future World Congress events and similar legal conferences. More immediately we will be following up with contacts made at the World Congress and building up our partnerships and networks.

Bottom up: Galvanize the Grassroots

1. Alliances: We are building alliances with individuals, organizations and movements around the world through online and on-the-ground outreach. There are voluntary groups in Australia, Germany and Canada building their own local Ecocide campaigns and websites. There are an increasing number of groups and individuals from around the world organising activities in support of making ecocide a crime. Read more about our Wider Team here. For example:

A group of citizens from 10 countries in the European Union are submitting a proposal to make ecocide a crime in the EU. The European Citizens Initiative (ECI) allows European Union citizens to participate directly in development of EU policies, by calling on the European Commission to make a legislative proposal. There has never been a successful attempt to make law through the ECI, so this would provide very high visibility for issue of ecocide. The process requires a proposal by citizens of at least 7 different EU countries and then 1 million signatures by EU citizens.

The recent World Youth Congress in Rio voted to include making ecocide a crime as one of their “20 Solutions to Achieve a Sustainable Future”. They held a major press conference and delivered their proclamation of 20 Solutions to the Mayor of Rio who was asked to carry it to the Earth Summit on behalf of the youth. This attracted a lot of media attention around the Law of Ecocide proposal, and has also generated support from youth around the world who want to take this forward in their own countries.

We have made freely available all documents and footage used in our Ecocide Mock Trial which was held at the UK Supreme Court in London, England in September 2011. This enables any group to stage their own Mock Trial. So far, Ecocide Mock Trials have been held in Australia, Bristol, Texas, and New Dehli.

2. “Train the Trainers” for youth activists. We are empowering people all over the world with online resources to contact politicians, businesses, faith groups, the media and others. We will also conduct face-to-face Train the Trainers workshops for youth who want to take a leading role in making Ecocide the 5th Crime against Peace. Pilot Train-the Trainer events are already being planned in London and Brussels. Each session will focus on

• the Law of Ecocide; The Ecocide Act; and an update on Human Resource Consortium’s Ecocide Project research.
• how to answer questions and how to explain issues such as the transition to the implementation and application of a new Crime against Peace.
• effective public speaking.
• how to train others to be effective advocates for eradicating ecocide.