Ecocide and International Law: Environmental Damage During War

What is Ecocide?

• Ecocide refers to large-scale destruction or severe damage to ecosystems and the environment caused by human activities.
• It involves actions that result in widespread, long-term, or irreversible environmental harm.
• The concept treats nature and ecosystems as entities deserving independent legal protection, not merely as resources for human use.
• Ecocide can occur during war, industrial disasters, mining, deforestation, oil spills, or large-scale pollution.

Origin and Evolution of the Concept

• The term “ecocide” was coined in 1970 by biologist Arthur W. Galston.
• It emerged during criticism of the environmental destruction caused during the Vietnam War.
• The use of Agent Orange and chemical defoliants devastated forests, biodiversity, and agricultural lands.
• Over time, environmental movements expanded the concept beyond warfare to include peacetime environmental destruction.

Environmental Damage During Wars

Modern wars increasingly damage ecosystems directly and indirectly:

• Destruction of forests and biodiversity hotspots
• Oil spills and toxic contamination of rivers and oceans
• Air pollution from burning fuel depots and industrial facilities
• Soil degradation and radioactive contamination
• Damage to agricultural systems and food security
• Long-term public health consequences due to toxic exposure

Current Position under International Law

• International law currently provides only limited protection against environmental destruction during armed conflict.
• Most existing laws are anthropocentric, meaning they focus primarily on harm to humans rather than harm to ecosystems themselves.
• Environmental destruction is usually addressed only when linked to humanitarian suffering or war crimes.

Rome Statute and Environmental Damage

The Rome Statute is the founding treaty of the International Criminal Court (ICC).

Existing Provision

• Article 8 of the Rome Statute recognizes environmental destruction as a war crime only under very strict conditions.

For prosecution, the attack must:

• Be intentional
• Cause widespread, long-term, and severe environmental damage
• Be clearly excessive compared to anticipated military advantage

Why Existing Laws are Inadequate

• Very High Legal Threshold: Proving “widespread, long-term, and severe” damage simultaneously is extremely difficult.
• Applicable Mainly During War: Current ICC provisions apply largely to wartime situations, not peacetime environmental destruction.
• Human-Centric Approach: Existing frameworks focus more on civilian harm than ecological harm itself.
• Weak Enforcement: Many international environmental treaties lack criminal liability mechanisms.
• Jurisdictional Limitations: Several countries involved in conflicts are not parties to the ICC, limiting prosecution.

Countries Recognising Ecocide

Several countries have incorporated ecocide-related provisions into domestic laws:

• Vietnam
• Russia
• Ukraine
• France
• Belgium
• Chile

These laws vary in scope but generally criminalize severe environmental destruction.

Council of Europe Convention 2025

The Council of Europe is a major European intergovernmental organization established in 1949 to promote human rights, democracy, and the rule of law across Europe. It is separate from the European Union (EU).

In 2025, the Council of Europe remained in focus mainly due to developments related to:

European Convention on Human Rights (ECHR)

• Several European countries demanded reinterpretation of migration-related rulings of the European Court of Human Rights.
• Debate emerged on balancing national sovereignty with human rights obligations.

Convention for Ukraine Claims Commission (2025)

• In December 2025, under the Council of Europe framework, many countries adopted a convention to establish an International Claims Commission for Ukraine.
• Objective: provide compensation mechanisms for damages caused during the Russia-Ukraine war.

Cybercrime and Digital Governance Conventions

• The Council of Europe continued expanding global cooperation through conventions such as the Budapest Convention on Cybercrime.

Key Facts

• Headquarters: Strasbourg, France
• Members: 46 countries
• Major achievement: European Convention on Human Rights
• Judicial body: European Court of Human Rights

Difference Between Council of Europe and European Union

Environmental Modification Convention (ENMOD)

The Environmental Modification Convention prohibits hostile environmental modification techniques.

It bans deliberate manipulation of:

• Climate
• Atmosphere
• Hydrosphere
• Ecosystems

for military or hostile purposes.

Limitations

• Focuses only on deliberate environmental modification techniques
• Does not adequately address broader wartime environmental destruction

Role of International Organizations

International Union for Conservation of Nature (IUCN)

• International Union for Conservation of Nature is an international organization established in 1948 for the conservation of nature and sustainable use of natural resources.
• The headquarters of IUCN is located in Gland, Switzerland, and it operates through a global network of governments, NGOs, scientists, and environmental experts.
• IUCN is regarded as the world’s largest environmental knowledge network and plays a major role in global biodiversity conservation efforts.
• The organization provides scientific data, technical expertise, and policy recommendations to countries and international institutions on environmental protection and sustainable development.
• One of the most important contributions of IUCN is the publication of the IUCN Red List of Threatened Species, which assesses the extinction risk faced by plant and animal species across the world.
• The IUCN Red List classifies species into categories such as Extinct, Critically Endangered, Endangered, Vulnerable, Near Threatened, and Least Concern based on scientific assessment.
• IUCN also develops guidelines for the management and classification of protected areas, including national parks, wildlife sanctuaries, and biosphere reserves.
• The organization works extensively on issues such as climate change, ecosystem restoration, wildlife conservation, forest protection, and marine biodiversity preservation.
• IUCN organizes the World Conservation Congress, which serves as an important global platform for discussions on environmental governance and conservation policies.
• India is an active member of IUCN, and many Indian species such as the Bengal Tiger, Asiatic Lion, Great Indian Bustard, and Gangetic Dolphin are assessed under the IUCN Red List.
• The assessments and reports released by IUCN are widely used by governments, researchers, and international organizations for framing conservation laws and environmental policies.

Challenges in Recognising Ecocide Internationally

• Political Resistance: Many powerful countries fear legal exposure for military or industrial activities.
• Difficulty in Attribution: Determining responsibility during war is often politically and legally complex.
• Definitional Ambiguity: There is no universally accepted legal definition of ecocide.
• Sovereignty Concerns: States worry that international environmental criminal law may interfere with national sovereignty.
• ICC Membership Issues: Non-signatory states cannot easily be subjected to ICC jurisdiction.

Significance of Recognising Ecocide

Environmental Accountability:  Creates legal responsibility for large-scale ecological destruction.

Deterrence:  Discourages states and corporations from causing irreversible environmental damage.

Climate Justice:  Protects vulnerable communities dependent on ecosystems for survival.

Way Forward

• Develop a universally accepted legal definition of ecocide.
• Strengthen international environmental criminal law mechanisms.
• Expand liability beyond wartime destruction to peacetime ecological disasters.
• Improve international cooperation for environmental monitoring and evidence collection.
• Integrate environmental protection into humanitarian and security frameworks.

Conclusion

The growing demand to recognize ecocide reflects the evolving understanding that environmental destruction threatens not only ecosystems but also global peace, public health, and human survival. While current international law provides limited protection, recent initiatives by international organizations and regional institutions indicate a shift toward stronger ecological accountability. Recognizing ecocide under international law could become a major step toward integrating environmental justice with global governance and humanitarian principles.