Some 850,000 people are believed to have been forced off their land in the past 15 to 20 years, as plots of Cambodian land have been sold off to foreign companies often from China and Vietnam, said Rogers.
The new emphasis at the ICC will send "a message to these kleptocracies around the world who have stayed under the radar for such a long time", said the lawyer with the London-based firm Global Diligence LLP.
Outrage has grown worldwide over the plight of villagers and indigenous people being thrown off land sold to logging and mining companies, as well as agribusiness (AFP Photo/Isaac Kasamani) |
ICC prosecutors to step up focus on ecological crimes
Yahoo / AFP | 16 September 2016
The Hague (AFP) - Prosecutors at the International
Criminal Court on Thursday put big business and politicians on notice of a
greater focus on environmental destruction and illegal land grabs as possible
crimes against humanity.
In a new ICC internal policy, chief prosecutor Fatou
Bensouda said her office would "give particular consideration" to
crimes committed by or resulting in "the destruction of the environment,
the illegal exploitation of natural resources or the illegal dispossession of
land".
The landmark move was hailed by environmental and rights
activists who said it could act as a strong deterrent to big business and
corrupt politicians around the world.
"No western company wants to be accused of crimes
against humanity through obtaining mining concessions in Asia or Africa,"
lawyer Richard Rogers, who has filed a case at the ICC against land grabs in
Cambodia, told AFP.
Outrage has grown worldwide over the plight of villagers and
indigenous people being thrown off land sold to logging and mining companies,
as well as agribusiness.
The non-governmental organisation Global Witness said
millions had been dispossessed around the world. And they calculate that at
least three people a week are killed defending their lands.
The ICC move "shows that the age of impunity is
coming to an end", said its executive director Gillian Caldwell in a
statement.
"Company bosses and politicians complicit in
violently seizing land, razing tropical forests or poisoning water sources
could soon find themselves standing trial in The Hague alongside war criminals
and dictators," she added.
Helen Brady, senior appeals counsel in the prosecutor's
office who chaired the policy's working group, told AFP the ICC was "not
adding new crimes" to those already set out in its guiding Rome Statute.
"What we're acknowledging is an emphasis, or an
expanded focus by this office... on these crimes that are committed by means of
this destruction of environment or dispossession of property".
-'21st century' challenges-
This focus -- along with prioritising crimes against
children, gender-based violence and cultural destruction -- will "move the
ICC to become an international criminal court for the 21st century and
beyond", she added.
It "does send a powerful message and is something
that could be listened to by would-be perpetrators", Brady said.
Based in The Hague, the ICC began work in 2002 to
prosecute the world's worst crimes where domestic courts are unwilling or
unable to act.
A total of 124 countries and territories have so far
signed up to the Rome Statute.
Prosecutors have opened full investigations into 10 cases,
all in Africa apart from Georgia, seeking to gather the evidence to bring
charges. There are also nine preliminary probes going on, the step before a
full inquiry.
There are also six ongoing trials.
But the Rome Statute does also "cover crimes which
can be committed in peacetime" such as the forcible removal of people from
their lands, said Brady.
Lawyers already filed in 2014 a large dossier to the
prosecutor's office asking her to open an investigation into land grabs in
Cambodia.
Some 850,000 people are
believed to have been forced off their land in the past 15 to 20 years, as
plots of Cambodian land have been sold off to foreign companies often from
China and Vietnam, said Rogers.
The new emphasis at the ICC will send "a message to
these kleptocracies around the world who have stayed under the radar for such a
long time", said the lawyer with the London-based firm Global Diligence
LLP.
"These type of crimes like environmental destruction
are some of the great challenges of our age," he added.
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