The European Parliament and “Restoring Nature”: a New Directive Against Ecocide

In February 2024, the European Parliament approved a new directive on "ecocide", based on a proposal made by the Commission in 2021, aimed at the "restoration of nature”. This effectively configured a new type of crime, ecocide, and established an obligation for member states to adapt their legislation within 2 years. This important reform originated from a debate that began in 1970, when the term ecocide was introduced by biologist Arthur Galston in reference to the devastation caused by Agent Orange (a particularly toxic defoliant used by the United States during the war) on Vietnamese and Cambodian territory.

In essence, ecocide is understood as a set of acts intended to result in serious, widespread, and persistent damage over time to the natural and human environment. More specifically, Article 3 of the directive defines ecocide as "the destruction or widespread and substantial, irreversible or lasting damage to an ecosystem of significant size or environmental value or to a habitat within a protected site, or widespread and substantial, irreversible or lasting damage to the quality of air, soil or water." Under the directive, states must introduce prison sentences for this type of offense ranging from a minimum of 3 years to an undefined maximum, but no less than 10 years. There are also non-criminal penalties, such as restoration of environmental conditions if the damage is reversible, or financial penalties in proportion to the damage if it is irreversible.

The European Parliament directive has received the approval and support of environmental movements, such as in particular the Stop Ecocide International Foundation, according to which it establishes a clear moral and legal "red line" that can help determine the behavior of businesses and social, institutional and political actors. It should be noted, in order to understand the importance of the directive, that currently in Europe only France and Belgium have criminal penalties for large-scale environmental damage, and globally, only 14 other countries include the crime in their legal systems. In contrast, major countries such as the United States, China, and Russia do not recognize any crime of this nature.

Recently, three small Pacific countries, Vanuatu, Fiji, and Samoa, which are particularly at risk environmentally, have also asked the International Criminal Court to recognize ecocide as an international crime. It should be remembered, however, that the Court is not recognized by precisely the United States, China and Russia, as well as many others, so the deterrent effect of this recognition, while important, would still be limited. But intelligence, as opposed to stupidity (the ability to hurt oneself without even realizing it), is a not a widely spread human quality. This is an anthropological and political truth which, for the sake of prudence, should be remembered at all times and by all. (gb)

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