Ecocide Law Advisory Launch
On February 12, 2025, the Asser Institute in The Hague hosted the launch of Ecocide Law Advisory and the Manual on the National Criminalisation of Ecocide. Both projects aim to provide comprehensive legal expertise and guidance for the effective criminalization of ecocide at both national and international levels.
To celebrate these milestones, we were joined by an exceptional panel, opened by MEP Marie Toussaint. She emphasized the necessity of national criminalization of environmental crimes to enforce planetary boundaries and ensure accountability. Toussaint explained that while the EU Environmental Crimes Directive (ECD) came into force in May 2024, Member States must implement it within two years, with key issues remaining unresolved, particularly regarding the definition of "unlawful" acts and proving corporate intent.
Richard J. Rogers and Kate Mackintosh, co-founders of Ecocide Law Advisory (ELA), guided us through the creation of the initiative which emerged in response to the growing demand from lawmakers for advice on the effective implementation of environmental protection laws. The initiative has already supported projects in Brazil focusing on biodiversity and indigenous land rights, collaborated with European Greens on shaping the ECD, and contributed to Scotland's proposed Ecocide Bill.
In the future, ELA aims to continue its work on national and international law initiatives, particularly at the intersection of environmental protection and human rights and the inclusion of Ecocide as a fifth crime at the International Criminal Court.
We were very fortunate to hear from Judge and Professor Fausto Pocar, who focused on the importance of the label "ecocide" as a serious crime in fostering deterrence and prevention. He also raised concerns about unresolved issues in the ECD, such as the statute of limitations, and emphasized the crucial need for effective national implementation at the national level to avoid undermining the directive's potential.
The discussion then moved to the Manual, initiated by former Dutch MP Lammert van Raan, which offers structured guidelines to ambitious lawmakers to overcome challenges inherent in the implementation of the new Environmental Crimes Directive. As humanity is currently at war with nature, this manual is not only an overview of best practices from other States but also a much-needed peace initiative.
Lisette van der Linde from the Roos Advocaten detailed the development of the Manual and its structure around key legal principles—unlawfulness, mens rea, thresholds of environmental harm, infringement vs. endangerment, and extraterritorial jurisdiction. Last but certainly not least, Public Prosecutor Ingeborg Koopmans highlighted how the shift from an anthropocentric to an eco-centric approach in the ECD will inevitably strengthen environmental protection as this protection will no longer depend on administrative political decision-making.
The Launch concluded with a call for continued collaboration, emphasizing that as environmental harm escalates, so too must the legal response to prevent and penalize ecocide on a global scale. We are very happy that so many people joined us in the Hague and we are very grateful for the vibrant discussion that ensued during the Q&A. You can download the manual under ecocidelawadvisory.com.
