On September 23rd the IFHV co-hosted a webinar on ‘Ecocide – Legal Revolution or Symbolism?’ in cooperation with the Graduate Institute in Geneva and the interest group on human rights law of the European Society of International Law. Moderated by IFHV’s Jan-Phillip Graf and Romina Pezzot (Graduate Institute), the four invited panelists discussed the legal ramifications and future potential of this novel concept in international law.
During the webinar, Philippe Sands (UCL), who was the co-chair of the international expert panel which drafted the ‘ecocide’ definition, explained that it should not be understood as a final product ready to be included in the Rome Statute, but rather as an inherently imperfect starting point for a discussion among states, the public and acedemia. While the other panelists acknowledged the innovative potential of ‘ecocide,’ they also pointed to some of the definition’s shortcomings. Jorge E. Viñuales (University of Cambridge) questioned the compatibility of a new international crime of ‘ecocide’ with the existing principles of international environmental law. At the same time, Paola Gaeta (Graduate Institute) raised the concern that under the current definition corporations and in particular state-owned enterprises could not be prosecuted. Kai Ambos (Georg August University Göttingen) questioned whether certain elements of ‘ecocide’ were contradicting the ICC statute and he also pointed out that the office of the prosecutor might face practical difficulties in prosecuting ‘ecocide.’
Overall, the panelists agreed that ‘ecocide’ is both – legal symbolism and a revolution which might change how international lawyers think about and protect the environment, or, as Philippe Sands concluded: “The bottom line is: it’s happening! Whether in five, ten, twenty, or fifty years – it’s happening!”
Watch the webinar [here].