The long and tortuous path to establishing a new international law on ecocide became a lot shorter last month with the release of recommendations from an Expert Panel, which recommended the following amendments to the Rome Statute:

To add ecocide as a new crime to the Rome Statute, the Panel recommends the following amendments. We
note that consequential amendments may also be required for other provisions of the Rome Statute, such as
Article 9, and to the ICC Rules of Procedure and Evidence, and the Elements of Crimes.

A. Addition of a preambular paragraph 2 bis

Concerned that the environment is daily threatened by severe destruction and deterioration, gravely endangering
natural and human systems worldwide,

B. Addition to Article 5(1)

(e) The crime of ecocide.

C. Addition of Article 8 ter

Article 8 ter

Ecocide

1. For the purpose of this Statute, “ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.
2. For the purpose of paragraph 1:
   1. “Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
   2. “Severe” means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources;
   3. “Widespread” means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
   4. “Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
   5. “Environment” means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space.

– Read the full Commentary and Core Text.