Vanuatu’s Permanent Representative to the UN, Odo Tevi, has called on the International Criminal Court (ICC) to include ecocide as a fifth international crime under the Rome Statute.
“The Rome Statute must include ecocide as a fifth international crime, expanding its remit to protect the living world upon which we entirely depend,” Tevi urged.
Tevi’s call comes in response to ICC Chief Prosecutor Karim Khan’s plans to issue a policy paper later this year on how the Rome Statute could address environmental crimes without specifically defining ecocide as a crime.
Tevi pointed out the limitations of the current Rome Statute, which primarily focuses on crimes against humans and addresses environmental harm only during wartime.
“Reckless destruction of nature can and does take place at any time, not just during conflict,” he said. “If we want to inhabit and inherit a livable planet, we must act now.
“We must recognise the dire threat and dire consequences of severe environmental destruction wherever and whenever it occurs,” he said in a statement.
Speaking on the need for an ecocide law, Tevi emphasised the urgent necessity of holding perpetrators of environmental crimes accountable under international law.
“As a state that accords high priority to the International Criminal Court (ICC) and its mandate in ending impunity for the perpetrators of international crimes, the Republic of Vanuatu is encouraged by the Office of the Prosecutor’s public consultation on environmental crimes,” Tevi said.
“The ICC is taking environmental crimes seriously.”
Vanuatu is advocating for the criminalisation of “ecocide” as the fifth crime against peace in the Rome Statute and cited the legally authoritative definition.
“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 caused by those acts.”
Highlighting Vanuatu’s vulnerability to climate change, Tevi stressed the importance of international cooperation.
“We face an uncertain future for our people and are tirelessly focused on exploring all avenues in international law that can help our country and many others,” he said.
“The adoption of ecocide law is integral to these efforts.”
Vanuatu has a history of promoting ecocide law. In 2018, Foreign Minister Ralph Regenvanu emphasised its importance in addressing the climate crisis. Following this, Vanuatu hosted a landmark event in 2019 to raise awareness of the ICC in the Pacific.
“In December of the same year, Vanuatu was the first nation to officially call for consideration of including ecocide into the Rome Statute,” Tevi noted.
Since then, Vanuatu has consistently supported ecocide law through various statements and events. President Nikenike Vurobaravu even quoted the legal definition of ecocide at the UN General Assembly in 2022.
“It is imperative to put in place a preventive legal provision in the form of an international crime of ecocide.
“We strongly urge the OTP to recognise that the current form of the Rome Statute is inadequate. It must include ecocide to effectively address the most serious crimes of concern to the international community as a whole,” the Vanuatu diplomat said.
