The European Union became the first international body to criminalize the most serious cases of environmental damage that are “comparable to ecocide.” The term 'ecocide' refers to the 'devastation and destruction of the environment to the detriment of life.' and some even define it as “killing the environment”
The Lake of the Aztec Kings in Mexico City is on the verge of collapse due to the irregular urbanisation that causes the emptying of sewage and rubbish into the bed of its ancient canals. Photograph: Jorge Nunez/Zuma Press Wire/Shutterstock
In the last years, ecocide and environmental harm has sparked discussions amongst countries and has been an increasing problem. As the effects of climate change have been more evident than ever, it is important to take action on an international level. The European Union, recognizing this urgency, proposed a new legislation.
With 499 votes in favor, 100 against, and 23 abstentions, the European Parliament has decided that ecosystem destruction, including habitat loss and illegal logging, will be punished with tougher penalties and prison sentences under the EU's updated environmental crime directive. These harsher penalties send a message that the exploitation of natural resources at the expense of the environment will no longer be tolerated.
The implementation of the updated directive will require member states to align their national laws with the EU's standards within the next two years. This transition period reflects the EU's dedication to ensuring effective enforcement and compliance at both regional and domestic levels.
Following the plenary vote, European Parliament rapporteur Antonius Manders (EPP, NL) emphasized that it was about time that they fought cross-border crimes at the EU level to prevent new environmental crimes and that under this agreement, polluters would pay.
Marie Toussaint, a French lawyer and Member of the European Parliament representing
the Greens/European Free Alliance group lauded the EU's initiative as one of the most ambitious legislative endeavors globally. This legislation reflects the EU's commitment to environmental protection and underscores its role as a leader in shaping international environmental policy.
The recent environmental crime directive implements rigorous measures aimed at addressing offenses such as water pollution and the introduction of invasive species, carrying penalties of up to 10 years of imprisonment. By holding companies and individuals accountable for their actions, the EU promotes a culture of corporate responsibility and environmental conservation. This approach not only serves to protect the environment but also safeguards public health and ensures the sustainable management of natural resources for future generations.
Notably, individuals in authoritative positions, including CEOs, may face imprisonment for a maximum of eight years, escalating to a decade in cases where their actions result in a fatality. A significant alteration involves the elimination of a safeguard previously provided by compliance with permits; adherence no longer guarantees immunity. Individuals are now held accountable if they were cognizant of the consequences of their decisions and possessed the authority to prevent them. This departure from prior legislation signifies that operators must consider potential harm caused by their actions, irrespective of previous permits.
Lawyer Antonius Manders, a Dutch MEP from the Group of the European People's Party (Christian Democrats), expressed optimism about the changes, emphasizing that individuals, particularly CEOs, would be disinclined to risk personal involvement in environmental crimes due to the potential for severe consequences, including imprisonment.
However, despite the EU's commendable efforts to combat environmental crimes, there may be concerns about the potential impact on businesses and economic development. Some critics argue that harsher penalties and regulations could hinder economic growth, particularly in industries that rely heavily on natural resources. Additionally, there may be challenges in enforcing the new directive effectively, especially in cases where transnational corporations operate across multiple jurisdictions with varying regulatory standards.
Nevertheless, it is important to recognize that protecting the environment is essential for the long-term sustainability of our planet and future generations. EU's commitment to holding polluters accountable and promoting corporate responsibility sets an example for global environmental governance and other global bodies and countries are expected to follow suit.
Works Cited
Henriksen, Mette Mølgaard. "'Revolutionary': EU Parliament votes to criminalise most serious cases of ecosystem destruction." Euronews.green, Euronews, 27 Feb.2024, Accessed 29 Feb. 2024.
"Environmental crimes: MEPs adopt extended list of offences and sanctions. European Parliament, 27 Feb. 2024, Accessed 29 Feb. 2024.
“Ecocide.” Europeanlawinstitute.eu, 2021, Accessed 29 Feb. 2024.