Building Ecocide law
Philippe Sands (right) presents his motion to Camden Council.
Camden Council’s recent ‘symbolic’ endorsement of Ecocide Law illustrates how local grassroots initiatives in the UK and around the world are collectively laying the foundation for the introduction of a crime of Ecocide at international level.
This article takes a closer look at the Camden motion and why it matters.
By Rupert Bedford
23rd July 2024
On 18th September 2023 Camden Council voted unanimously to support a motion to recognize the definition of Ecocide as an international crime and call for the introduction of a crime of Ecocide into international law as an amendment to the Rome Statute of the International Criminal Court (ICC).
At first glance one could be forgiven for concluding that a local UK council vote in relation to a theoretical international law, which is unlikely to have any direct bearing on the day to day work of that council, may appear rather insignificant.
The reality is more nuanced.
The global campaign around Ecocide Law has followed an interesting trajectory. Instead of starting at the grassroots, it’s focus has been predominantly centred on international diplomacy in its efforts to have the Rome Statute amended. This is not an unreasonable approach considering that the type of very serious climate and environmental crime imagined by the term Ecocide does not respect national borders.
More recently however there has been a notable shift in thinking.
“There’s a kind of a wave happening here” Jojo Mehta, CEO of Stop Ecocide International, explains in the Ecocide Report podcast. “Effectively when we began this advocacy work a number of years ago we were aiming, and we still are aiming, for ecocide to become an international crime at the international criminal court as part of the Rome Statute. And at the time I think we thought that if we tried to push things one jurisdiction at a time this could take a very long time and we could end up with a real jigsaw of different definitions, it could be distracting. Actually in reality what’s happened, which is very exciting, is that those levels have proved to be mutually reinforcing.”
Jojo is clear that at the heart of this harmonisation of local, national and international is the legal definition of ecocide proposed in 2021 by the Independent Expert Panel which was convened by the Stop Ecocide Foundation.
“When we look at back at the launch of the proposed international definition it created a huge wave of press interest but also a lot of political interest that has meant that the regional and national developments that have been happening all related closely to that definition. So what we’re seeing is that there is a kind of convergance here, there’s a harmonizing effect that’s going on and actually each of those levels seems to be reinforcing the other so obviously the direction of travel is now really establishing itself quite clearly and that’s super encouraging.”
It is within this new space that local initiatives such as the Camden motion have felt empowered to make their voice heard.
The Camden initiative itself was undoubtedly bolstered by the fact that one of its local residents happens to be Philippe Sands, the eminent international lawyer and co-chair of the aforementioned Independent Experts Panel that came up with the widely adopted definition of Ecocide.
Philippe’s approach to submissions to the council are interesting to note. During his allotted three minute opening submission and in answering questions, he is quick to quell any potential worries from councillors about liability from such a law directly affecting their work at a local level. “It's to my mind as unimaginable that Camden would be responsible for genocide as for ecocide. And the motion before you is really to push international consciousness, act global, think local, think global, act local. This would be the first time that any council in the United Kingdom would add its support to an idea.”
Philippe emphasizes the ‘catalytic’ effect of passing the resolution not just in pushing national government in a particular direction but also by sending signals to councils in other countries around the world. He accepts that, despite the strict legal definition, concepts such as ecocide can, like genocide, take on a life of their own with people “throwing allegations of ecocide around” but emphasizes that the legal threshold is very high and “what this council will be doing, and it is moving and powerful for me in this chamber, is supporting that international initiative.”
For others considering putting forward similar motions in their own councils, it is worth also noting the powerful submission made by local Camden resident Patricia Leham who contrasted the lack of accountability and disenfranchised communities she witnessed recently in Brazil in the face of massive rainforest destruction, with the position in Camden. “Here in Camden, we residents do have a civic voice and we can speak for ourselves and to an extent for others. And we have a proud tradition of speaking up and defending the rights of those whose voice is not heard. We also have a civic framework which encourages residents like me to come and contribute to debates like this. And I think this ecocide motion recognizes the connection between our civic life in North London and how I believe we must and should work with the rest of the world. And that's why I wanted to come and be part of that voice.”
In isolation the Camden vote is clearly a small drop in the ocean in terms of influencing the final decisions that will enable ecocide to become an international crime. But, as the first council in the UK to openly support the call for a change in international law, and as one of a growing number of other local initiatives around the world supporting that call, its legacy may lie in showing the importance of giving local people a voice in the debate in order to build the solid foundations for what is surely to come at international level.
This is certainly the view of Councillor Adam Harrison, cabinet member for Sustainable Camden who concludes for the council on this motion. ‘…as we know around the world, climate action is often most powerful when it starts at the grassroots local communities. Working together with progressive governments, we see some of the strongest climate action being led by city states and regional authorities. And even if as discussed, even if some of these things are not directly in our hands, we can still make our voices heard, express our political backing, and begin to build momentum for change. To that end, Camden Council recognizes the definition of Ecocide as an international crime. We call for the introduction of ecocide into international law as an amendment to the Rome Statute.”
The motion was passed unanimously. Which Council will be next?