Ecocide

Why in News?

A recent report by Lebanon accused Israel’s military of committing “ecocide” during its 2023-24 invasion of southern Lebanon — reshaping both its “physical and ecological landscape”.

What is Ecocide?

• Definition – Ecocide refers to the very worst harms caused to the environment by human actions, usually on a major industrial scale or affecting a huge area.
• Proposed International Definition – Ecocide means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment – by the Stop Ecocide International  (non-profit organisation) in 2021.
• Origin – It was coined in 1970 by Prof Arthur W Galston (a Yale plant biologist) to describe massive, long-term environmental devastation, particularly caused by the use of herbicides in the Vietnam War.
• Derived from – Greek & Latin, translates to ‘killing one’s home’ or ‘environment’.
• Early Use – At the  UN Conference on the Human Environment, 1972 in Stockholm, the Swedish Prime Minister used the term to refer to the Vietnam War.
• Early Adoption – Indeed, Vietnam became the world’s first country to codify ecocide in its domestic law in 1990.
• Domestic Recognition – Since then, the term has become more widespread, with many countries like Russia, Ukraine, Chile, France and Belgium incorporating ecocide (or equivalent) into national laws.
• Current Status – There is no universal recognition of “ecocide” as an international crime.

How does ‘ecocide’ differ from current provisions in international law?

• Many international conventions and statutes deal with widespread environmental damage, even if they don’t explicitly mention ‘ecocide’.
• Rome Statute – Ecocide is a war crime to intentionally launch a disproportionate attack knowing that it will cause “widespread, long-term and severe” damage to the natural environment;
• If it directly harms people,  for example, causing displacement, suffering, injury on victims, or death.
• Geneva Conventions – They establish standards for the treatment of non-combatants, prohibit methods of warfare that cause “widespread, long-term and severe damage” to the natural environment.
• Environmental Modification Convention (ENMOD), 1978 – Prohibits the deliberate manipulation of natural processes (like weather modification) if it causes “widespread, long-lasting or severe effects”.
• Violation of state sovereignty — Cross-border environmental damage/pollution has long been treated along the lines of traditional tort principles (e.g., poisoning a river that flows into another country).
• How Ecocide Differs? – The difference is in the focus, that is, the current laws are anthropocentric - they protect humans first, ecosystems second.
• Ecocide’s approach – Treats the environment as a victim in itself, not just as a backdrop to human suffering.

Where do current laws fall short?

• Scope Limitations – The Rome Statute recognises only four serious crimes - 
  • Crime of genocide,
  • Crimes against humanity,
  • War crimes and
  • The crime of aggression.
• Environments harm is classified under war crimes, meaning it applies only during wartime, not in peacetime, industrial or ecological destruction.
• Jurisdiction Issue – Countries like Iran & Lebanon are not State Parties to the ICC, which could complicate the prosecution pathway.
• ICC jurisdiction, however, could still arise through a UN Security Council referral or ad hoc acceptance, but this is politically difficult.
• Lack of Criminalisation – Most existing international instruments do not establish enforceable international criminal liability for environmental destruction.
• IUCN Recognition – In 2025,  IUCN, a global body that acknowledged ecocide as a concept but stopped short of creating binding criminal liability.
• Advocacy for Inclusion – Ecocide is being proposed as a fifth international crime in the Rome Statute, alongside genocide, crimes against humanity, war crimes, and aggression.
• Barriers to Inclusion in the Rome Statute – For inclusion into the Rome Statute,
  • Amendment process - A State Party must propose an amendment to the Statute at the Assembly of States Parties.
  • Voting requirement - Needs a two-thirds majority approval of States Parties.
  • Further conditions - Even after approval, additional steps are required before the amendment takes effect.

What is the enforcement challenge?

• Existing Recognition
• IUCN motion – In 2025, the IUCN recognised ecocide as a crime, but without binding enforcement.
• Convention on the Protection of the Environment – Adopted by the Council of Europe through Criminal Law in 2025.
• This is the first legally binding international treaty to criminalise severe & large-scale environmental destruction — “conduct often termed ecocide”.
• Under this convention, even acts committed abroad can be prosecuted in European domestic courts.
• Jurisdictional Reach – There is universal jurisdiction for crimes against humanity.
• Universal Criminal jurisdiction – Similar to crimes against humanity, ecocide could potentially be prosecuted irrespective of where the event happens, if perpetrators enter Europe.
• Compliance Issues – Despite recognition, no direct prosecution has ever been launched over environmental destruction caused by war.
• This raises questions on whether introducing ‘ecocide’ as a separate criminal principle under the Rome Statute would serve any purpose.
• Dependence on Power – Enforcement depends on whether powerful states accept jurisdiction and act through international law.

What is India’s position with respect to ecocide?

• India’s Position – India does not legally recognise ecocide as a distinct crime.
• India has neither signed nor ratified the Rome Statute of the International Criminal Court.
• Legal Framework – Instead of a single overarching criminal law, India relies on a fragmented patchwork of civil and regulatory statutes & enforcement oversights like -
  • Environment Protection Act (EPA), 1986
  • Wildlife (Protection) Act, 1972
  • Indian Penal Code (IPC)
  • National Green Tribunal (NGT)
• Judicial Precedents – The Supreme Court of India has established that the Right to a clean environment is a fundamental right under Article 21 (Right to Life).
• M.K. Ranjitsinh vs Union of India (2024) – The court recognised the right against the adverse impacts of climate change.
• T.N. Godavarman Thirumulpad vs Union of India, 1995 – The Supreme Court stressed that protecting the environment requires shifting focus from human interests (anthropocentric)  to the rights of nature (ecocentric) itself.
• Ecocide (Prevention and Accountability) Bill, 2025 – A Private Member's Bill was introduced in the upper house of the Indian Parliament to make ecocide a formal criminal offence, applying to both individuals and corporations.

Reference

Indian Express | Ecocide