On 16 February 2024, the Prosecutor of the International Criminal Court (ICC), Mr. Karim A. A. Khan KC, issued a statement and announced “a new policy initiative to advance accountability for environmental crimes under the Rome Statute”.
The Office of the Prosecutor will work on an environmental crimes policy paper, which should take “a systematic approach to dealing with crimes within the Court’s jurisdiction committed by means of, or that result in environmental damage”. It will thus be heavily based on existing regulatory frameworks, including customary international law and jurisprudence across the world.
Crucially, Karim Khan emphasized that the founding statutes of the ICC would remain unaltered. This decision means that no new crimes will be created; instead, the prosecution will rely on the legal definitions of existing crimes.
The role of the International Criminal Court
The ICC, established in 1998 by the Rome Statute, is tasked with investigating, prosecuting, and trying individuals accused of the most serious crimes of international concern, including genocide, crimes against humanity, war crimes, and crimes of aggression.
The incorporation of environmental crimes under the Rome Statute would mark a significant stride in holding individuals accountable for severe environmental damage. With 124 State Parties to the Rome Statute, the ICC's jurisdiction extends globally.
Previous Developments Towards Environmental Crime by the ICC
Back in 2016, the ICC had reported that it would begin prioritising certain environmental crimes such as environmental damage, illegal exploitation of natural resources, and land grabbing. At the time, it was reported that the ICC was not extending its jurisdiction to new crimes, but that it would re-interpret existing crimes over which it has jurisdiction in light of the identified environmental crimes.
Following this 2016 announcement, several complaints were filed against Brazil’s ex-president, Jair Bolsonaro, accusing him of crimes against humanity for his violations of the rights of Indigenous Peoples. Unfortunately, these cases have yet to reach the Court.
Yet, Kamir Khan insists that his 2024 Policy Paper will be more impactful than its 2016 counterpart. He claims it goes beyond “a promise or hope” and that it is a thought-out policy. It will remain to be seen whether his policy on environmental crime will be more effective.
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