Existing Ecocide Laws

Ten countries have made Ecocide during peacetime a national crime. In these countries’ penal codes, the crime of Ecocide stands alongside the other four international Crimes Against Peace; Crimes Against Humanity, Genocide, War Crimes and Crimes of Aggression. These four core crimes are set out as international crimes in the Rome Statute.

When the Crimes Against Peace were originally being examined within the UN throughout the 1970s to the 1990s, many countries were in favor of including Ecocide as the fifth Crime Against Peace. However, Ecocide was left out in 1996, despite many countries objecting to its exclusion. Read the report “Ecocide is the Missing 5^th Crime Against Peace”.

The fact that many countries have created the national crime of Ecocide at a time when they were putting in place national laws for the Crimes Against Peace highlights that many countries were in support of an international crime of Ecocide.

Further research on the effectiveness of these laws is being carried out by lawyers within the International Senior Lawyers Project UK.

Although there are Ecocide laws in place, the effectiveness of these laws depends on a number of factors including the enforcement of the law, an independent judiciary and respect for the rule of law. Many of the countries with national Ecocide laws in place are ranked very highly for corruption and low for respect for the rule of law by Transparency International.

For an Ecocide law to be more effective it must be implemented on an international level. In this case, action could be taken against members of governments and judiciaries who are complacent with Ecocide. The possibility of being prosecuted through the International Criminal Court will help to ensure that the law is effectively enforced.

The Laws against Ecocide

Criminal Code of Georgia 1999

Article 409. Ecocide i.e. Contamination of atmosphere, land and water resources, mass destruction of flora and fauna or any other action that could have caused ecological disaster – shall be punishable by imprisonment extending from eight to twenty years in length.

Criminal Code of the Republic of Armenia 2003

Article 394. Ecocide i.e. Mass destruction of flora or fauna, poisoning the environment, the soils or water resources, as well as implementation of other actions causing an ecological catastrophe, is punished with imprisonment for the term of 10 to 15 years.

Criminal Code of Ukraine 2001

Article 441. Ecocide i.e. Mass destruction of flora and fauna, poisoning of air or water resources, and also any other actions that may cause an environmental disaster, – shall be punishable by imprisonment for a term of eight to fifteen years.

Criminal Code Belarus 1999

Art 131. Ecocide i.e. In a part dealing with “crimes against the peace and the security of mankind and war crimes”, provides for the punishment of “ecocide”, namely “mass destruction of the fauna and flora, pollution of the atmosphere and water resources as well as any other act liable to cause an ecological disaster”

Penal Code Kazakhstan 1997

Art 161. Ecocide i.e. namely “mass destruction of the fauna or flora, pollution of the atmosphere, agricultural or water resources, as well as other acts which have caused or are capable of causing an ecological catastrophe”, constitutes a crime against the peace and security of mankind.

Criminal Code Kyrgyzstan 1997

Art 374. Ecocide i.e. namely “mass destruction of the flora and fauna, poisoning of the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe”, is punishable by deprivation of liberty.

Penal Code Republic of Moldova 2002

Art 136. Ecocide i.e. namely “the deliberate and massive destruction of the fauna and flora, the pollution of the atmosphere or poisoning of water resources, as well as other acts capable of causing an ecological catastrophe”, is punishable by deprivation of liberty.

Criminal Code Russian Federation 1996

Art 358. Ecocide i.e. namely “massive destruction of the fauna and flora, contamination of the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe”, constitutes a crime against the peace and security of mankind.

Criminal Code Tajikistan 1998

Art 400. Ecocide i.e. namely “mass extermination of flora or fauna, poisoning the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe”, constitutes a crime against the peace and security of mankind.