ICC widens remit to include
environmental destruction cases
In change of focus, Hague court will prosecute
government and individuals for environmental crimes such as landgrabs
The Guardian | 15 September 2016
Environmental
destruction and landgrabs could lead to governments and individuals being
prosecuted for crimes against humanity by the international criminal court
following a decision to expand its remit.
The UN-backed court, which sits in The Hague, has mostly ruled
on cases of genocide and war crimes since it was set up in 2002. It has been
criticised for its reluctance to investigate major environmental and cultural
crimes, which often happen in peacetime.
In a change
of focus, the ICC said on Thursday it would also prioritise crimes
that result in the “destruction of the environment”, “exploitation of natural
resources” and the “illegal dispossession” of land. It also included an explicit
reference to land-grabbing.
The court, which is funded by governments and is regarded as the
court of last resort, said it would now take many crimes that have been
traditionally under-prosecuted into consideration.
The ICC is not formally extending its jurisdiction, but the
court said it would assess existing offences, such as crimes against humanity,
in a broader context.
The ICC’s policy paper on case selection and prioritisation
declares: “The office [of the prosecutor] will give particular consideration to
prosecuting Rome statute crimes that are committed by means of, or that result
in, inter alia, the destruction of the environment, the illegal exploitation of
natural resources or the illegal dispossession of land.”
Land-grabbing has become increasingly common worldwide, with
national and local governments allocating private companies tens of millions of
hectares of land in the past 10 years.
The anti-corruption campaigners Global Witness say this has led
to many forced evictions, the cultural genocide of indigenous peoples,
malnutrition and environmental destruction.
“Land-grabbing is no less harmful than war in terms of negative
impacts on civilians”, said Alice Harrison, an adviser at Global Witness.
“Today’s announcement should send a warning shot to company executives and
investors that the environment is no longer their playground.
“The terrible impacts of land-grabbing and environmental
destruction have been acknowledged at the highest level of criminal justice,
and private sector actors could now be put on trial for their role in illegally
seizing land, flattening rainforests or poisoning water sources.”
International lawyers said broadening the priority cases to
include land-grabbing would recognise that mass human rights violations committed
during peacetime and in the name of profit could be just as serious as
traditional war crimes.
“It will not make land-grabbing per
se a crime, but mass
forcible evictions that results from land-grabbing may end up being tried as a
crime against humanity,” said Richard Rogers, a partner in the international
criminal law firm Global Diligence.
Rogers has lodged a case with the ICC on behalf of 10 Cambodians
alleging that the country’s ruling elite, including its government and
military, has perpetuated mass rights violations since 2002 in pursuit of
wealth and power by grabbing land and forcibly evicting up to 350,000 people.
“Cambodia is a perfect example for this new ICC focus. It fits
in to the new criteria,” he said.
He predicted it could have a bearing on the way business is done
in certain countries. “Companies who want to invest in [some] places risk being
complicit in crimes against humanity. Tackling land-grabbing will also help
address some of the causes of climate change, since deforestation is very often
a result of land-grabbing.”
The ICC can take action if the crime happens in any of the 139
countries that have signed up to the Rome statute, if the perpetrator
originates from one of these countries, or if the UN security council refers a
case to it. Crimes must have taken place after the Rome statue came into force
on 1 July 2002.
Reinhold Gallmetzer, a member of the ICC working group who drew
up the policy document, said: “We are exercising our jurisdiction by looking at
the broader context in which crimes are committed. We are extending the focus
to include Rome statute crimes already in our jurisdiction.
“Forcible transfer [of people] can already be a crime against
humanity, so if it is committed by land-grabbing – whether as a result or a
precursor – it can be included.”
The ICC paper also lists other crimes, such as arms trafficking,
human trafficking, terrorism and financial crimes, in which it intends to
provide more help to individual states to carry out national prosecutions.
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