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On 3 December 2024, Institute of Commonwealth Studies Fellow Maud Sarlieve spoke on a panel “International Crimes Affecting the Environment” at the 23rd session of the International Criminal Court Assembly of States Parties in The Hague, organised by Justice Rapid Response and TRIAL International.

Maud Sarlieve shared a panel with the Deputy Prosecutor of the International Criminal Court, Nazhat Shameem Khan, scientist Flaviano Bianchini, Maksym Popov, Special Advisor on environmental crimes to the Ukrainian Prosecutor-General, Chiara Gabriele, Senior Legal Advisor at TRIAL International and psychosocial expert, Valeria Moscoso. The panel was moderated by Janet H. Anderson.

Emphasis was placed on how environmental crimes are part of the fabric of international criminal justice and that the International Criminal Court is developing a new policy to advance accountability for environmental crimes under the Rome Statute.

The Institute of Commonwealth Studies and its partners the Oxford Sustainable Law Programme and the International Nuremberg Principles Academy engaged in this process by submitting a Joint Comment to the International Criminal Court advocating for strengthened action on environmental crimes in March.

  • Nazhat Shameem Khan announced an Advisory Group has been formed and the first draft of the policy will be made available on the Court’s website on Monday next week - further work including regional consultations will follow in early 2025.
     
  • Maud Sarlieve emphasised that everything is interconnected—environmental health, climate health, and human health. This interconnectedness is currently being highlighted in the ongoing proceedings before the International Court of Justice, where an Advisory Opinion on State Responsibility for Climate Change is being sought by Vanuatu and others. This interconnectedness has also been highlighted at the ITLoS, at the ECHR, and at the Inter-American Court of Human Rights - “Isn’t it time the ICC does its part?”
     
  • Flaviano Bianchini gave examples of environmental harm being caused by states and the private sector around the world and how science is being used in investigations using techniques such as hair analysis for metal levels of those living around mines.
     
  • Maksym Popov discussed how Ukrainian prosecutors have prioritised investigation of crimes affecting the environment and gave an update on their work and methodologies, including with respect to the crime of Ecocide.
     
  • Chiara Gabriele gave examples of opportunities and challenges investigating these crimes in the DRC context, such as identifying witnesses willing to come forward and accessing the crime scene (and the need for specialised teams).
     
  • Valeria Moscoso said considering the impact of these crimes solely from a western approach must be avoided - context is crucial, including to ensure the meaningful inclusion of indigenous communities.