Crimes affecting the environment: ICC policy could be further strengthened

Oxford, London, Nuremberg: On 21 February, the Oxford Sustainable Law Programme, the Institute of Commonwealth Studies, and the International Nuremberg Principles Academy jointly submitted a further comment to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) urging it to strengthen its draft policy on environmental crimes.

On 18 December 2024, the OTP of the ICC launched a second public consultation on its new policy initiative aimed at advancing accountability for environmental crimes under the Rome Statute. On the same day, the OTP invited comments on its draft policy paper, which seeks to establish a comprehensive and systematic approach to addressing environmental crimes from preliminary examinations to investigations and prosecutions. This initiative builds on the foundations of the Rome Statute, relevant international treaties, and jurisprudence from the ICC and other jurisdictions. It aims to enhance accountability, transparency, and predictability in the Court’s handling of environmental crimes, while also strengthening cooperation with national authorities.

In response to the second call for public consultation, this joint submission welcomes the OTP’s initiative, commends its consultative approach, and encourages further engagement with civil society, victim groups, and affected communities—particularly in the Global South—to ensure meaningful participation before the policy is finalised. 

As flagged by Maud Sarlieve: "Strengthening international accountability for environmental crimes requires clear legal standards defining when environmental damage should fall within the ICC’s jurisdiction, and a commitment to justice for the most affected communities.This policy is an important step towards making that a reality.”

The second joint submission focuses on five key areas:

• Clarifying the definition of environmental crimes, and to what extent non-human harms fall within the Court’s jurisdiction,
• Addressing the scope of conducts amounting to environmental crimes, including whether terms such as “illegal exploitation of natural resources” and “illegal land dispossession” are appropriate, and suggesting the inclusion of violations of the right to property as relevant indicators for establishing environmental crimes.
• Proposing clearer standards for causation and mental element (mens rea) in cases involving environmental harm.
• Expanding recognition of vulnerable groups affected by environmental crimes.
• Refining the ICC’s approach to complementarity and cooperation with national jurisdictions.

The Joint Response to the Second Public Consultation is available here.  

The Joint Comment submitted in response to the First Public Consultation is available here.

For further information, please contact:

• Maud Sarliève, Fellow of the Institute of Commonwealth Studies, Oxford SLP Climate Research Forum Coordinator: [email protected] /  [email protected] / +31 6 30 15 40 71.
• Dr Pauline Martini, Project Officer at the International Nuremberg Principles Academy: [email protected] / +49 911 14 89 77 32.