THE MODEL LAW

THE CRIME

  1. Ecocide crime is:
    acts or omissions committed recklessly in times of peace or conflict by any senior person within the course of State, corporate or any other entity’s activity which cause, contribute to, or may be expected to cause or contribute to serious ecological, climate or cultural loss or damage to or destruction of ecosystem(s) of a given territory(ies), such that peaceful enjoyment by the inhabitants has been or will be severely diminished.
  2. To establish seriousness, impact(s) must be widespread, long-term or severe.
  3. For the purpose of paragraph 1:
    (a) ’climate loss or damage to or destruction of’ means impact(s) of one or more of the following occurrences, unrestricted by State or jurisdictional boundaries:
    (i) rising sea-levels
    (ii) hurricanes, typhoons or cyclones
    (iii) earthquakes
    (iv) other climate occurrences
    (b) ’ecosystems’ means means a biological community of interdependent living organisms and their physical environment.
    (c) ’territory(ies)’ means one or more of the following habitats, unrestricted by State or jurisdictional boundaries:
    (i) terrestrial
    (ii) fresh-water
    (iii) marine
    (iv) other natural habitat
    (d) ‘peaceful enjoyment’ means peace, health and cultural integrity.
    (e) ‘inhabitants’ means indigenous occupants and/or settled communities of a territory consisting of one or more of the following:
    (i) humans
    (ii) animals, fish, birds or insects
    (iii) plant species
    (iv) other living organisms .
  4. For the purposes of paragraph 1, the Paris Agreement of 4 November 2016 shall be considered established premise for prior knowledge by State, corporate or any other entity’s senior person, or any other person of superior responsibility.

THE ELEMENTS

Elements of Ecological, Climate and Cultural Ecocide

  1. The perpetrator’s acts or omissions caused, contributed to, or may be expected to cause or contribute to serious ecological, climate or cultural loss or damage to, or destruction of ecosystem(s) of a given territory(ies).
  2. The perpetrator’s activity has or will severely diminish peaceful enjoyment by the inhabitants.
  3. The perpetrator’s acts or omissions were reckless where the perpetrator had knowledge or ought to have had knowledge of the likelihood of ecological, climate or cultural harm.
  4. The perpetrator was a senior person within the course of State, corporate or any other entity’s activity in times of peace or conflict.