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Written by Mattias Isaksson
on September 24, 2024

As the European Union enforces the Environmental Crime Directive (ECD) across all member states by 2026, businesses within the EU will face stricter penalties aimed at preventing severe environmental harm, including actions comparable to ecocide. However, these stringent regulations currently apply only to the 27 EU member states, creating a potential competitive disadvantage for European companies against those in countries with laxer environmental laws. It would seem of utter importance that EU member states advocate for recognising ecocide as an international crime under the jurisdiction of the International Criminal Court (ICC) in The Hague, which would extend these critical legal standards to 124 countries worldwide.

In a recent submission to the International Criminal Court, Vanuatu, Fiji and Samoa have proposed a formal recognition of the crime of ecocide, alongside genocide and war crimes. There is also recent clarity that public opinion supports criminalizing crimes against nature.

In a “hot off the presses” IPSOS survey (September 6, 2024) called Global Commons Survey 2024, where G20 countries, plus four other countries, were surveyed on the topic of criminalizing crimes against nature. Across those surveyed in the G20+4, 72% of people support criminalizing the actions of leaders in governments or businesses who cause serious long-term harm to nature or the climate. Support is consistently high across the G20+4 countries. 

For those European companies that are still on the fence whether to join the ecocide movement and push their respective governments to support the recognition of Ecocide as an international crime at the ICC, here are some points:

1. Promoting Global Fair Competition
The expansion of ecocide law to the ICC is essential for leveling the playing field across 124 countries, eliminating the unjust competitive advantages gained through environmentally destructive practices. By championing this directive, businesses will actively foster a marketplace where sustainability and ethical practices are not just rewarded but expected, driving healthier competition and innovation.

2. Ensuring Long-term Economic Stability
A globally recognized ecocide law will establish a predictable and stable legal environment for businesses in 124 countries, reducing the temptation for companies to relocate operations to regions with weaker environmental protections. This will prevent a “race to the bottom” in environmental standards. Companies that support this global expansion can position themselves as leaders in sustainability, ensuring long-term economic stability and resilience in a market increasingly driven by environmental consciousness.

3. Building International Collaboration and Trust
By leading the charge for ecocide’s inclusion as an international crime, businesses can significantly enhance collaboration and trust among global partners and solidify their influence in the international arena. This shared commitment to environmental stewardship will not only strengthen global supply chains and partnerships but will also drive a more unified approach to addressing global environmental challenges.

4. Contributing to Global Environmental Goals
Expanding ecocide law under the ICC directly aligns with global initiatives like the United Nations Sustainable Development Goals (SDGs). By endorsing this initiative, companies actively contribute to a global movement prioritizing the planet’s health. This alignment with global goals amplifies corporate social responsibility and positions businesses as key players in solving the world’s most urgent environmental issues.

The movement to recognize ecocide as an international crime under the ICC presents a critical opportunity for businesses to advocate for a more equitable, sustainable global market. By ensuring that all nations adhere to the same rigorous environmental standards, companies can promote fair competition, drive innovation, and contribute to a stable, sustainable global economy.

This is a defining moment for businesses to lead on the world stage, shaping the future of environmental responsibility and economic fairness. And with 7 out of 10 citizens being in favor of criminalizing crimes against nature but only 3 out of 10 feeling that their own government is doing enough, this would seem like a good opportunity for governments to score some easy points while at the same time showcasing concrete actions to safeguard the world.

As a wise person said, “Protecting the planet is protecting ourselves and future generations”. Hear, hear!

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