THE MODEL LAW

Proposed amendments to the Rome Statute of the International Criminal Court
on the Crime of Ecocide

1. The following text is inserted after article 5, paragraph 1, subparagraph d of the Statute:

(e) The crime of ecocide.

2. The following text is inserted:

Crimes of ecocide
1. For the purpose of this Statute, ‘crimes of ecocide’ means acts or omissions of decision-making by senior corporate and/or State officials that cause or may be expected to cause

i. widespread, or
ii. long-term, or
iii. severe
loss or damage to, or destruction of ecosystem(s) of a given territory, such that peaceful enjoyment by the inhabitants has been or will be severely diminished. [for the purpose of this Article ‘inhabitants’ may be human or non-human].

2. Such acts or omissions occur within the context of corporate and/or climate activity.

3. The first sentence of article 9, paragraph 1 of the Statute is replaced by the following sentence:

Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8, 8 bis and […] ter.

4. The opening text of article 20, paragraph 3, of the Statute is replaced by the following sentence; the rest of the paragraph remains unchanged:

3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8, 8 bis or […] ter shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: […]

5. The following text is inserted after article 25 of the Statute:

Article 25 bis
Criminal Responsibility for the crime of ecocide
1. This Article shall apply only to the crime of ecocide.
2. The Court shall have jurisdiction over senior corporate and/or State officials, companies, organisations with separate legal personality, and partnerships; and all such bodies shall be
(a) responsible and liable for punishment as provided for under Article 25(3)(a) to (f) and as a superior under the conditions set out in Article 28(b), and
(b) a “person” whenever that term is used in this Statute.

6. The first sentence of article 75, paragraph 1 of the Statute is replaced by the following sentence:

The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation, rehabilitation and ecological and cultural restoration.

7. Article 75, paragraph 2 of the Statute will be replaced by the following paragraph:

The Court may make an order directly against a convicted person specifying
appropriate reparations to, or in the respect of, victims, including restitution,
compensation, rehabilitation and ecological and cultural restoration.

8. The following text is inserted after Article 77, paragraph 2 of the Statute:

3. Where the crime of ecocide has been committed, the court may make;
a) an order for ecological restoration and/or
b) an order for cultural restoration and/or
c) an order for climate displacement aid and assistance under the UN Trusteeship
Council. [ …]

Amendments to ICC Elements of Crimes

[for the crimes of ecocide]
1. The perpetrator caused or failed to prevent prevent dangerous corporate or climate activity.
2. The act of ecocide is the use of dangerous industrial activity and/or the failure to prevent dangerous industrial or climate activity.
3. Any senior corporate or State official is a perpetrator who acts or fails to prevent the harm.
4. Reckless knowledge is required for the establishment of crimes of ecocide. Intent is an aggravating factor for the purpose of sentencing.