Daily Times

First coined by Arthur Gals as the mass destruction and damage to the ecosystem (environment), the concept of Ecocide remains alien to a large portion of the population. It is pertinent to seek education regarding one of the many crucial demands of Mother Nature; the preservation of the environment. Breaking the word ‘Ecocide’ into two segments, ‘oikos’ which is defined as ‘home’ and ‘cide’which means the ‘striking down’, and when read together the literal meaning can be concluded as ‘killing out home’.

In recent times a debate causing unrest among the authorities, in light of the chain of large-scale environment threatening incidents, has ignited, outlining the want of concrete declaration of Ecocide as a punishable criminal offence. The alarming occurrences include the mass deforestation, oil spillage, emission from industries and forests catching fires for consecutive days, resulting in destruction of life and environment. The momentum of the heated debate increased in favor of Ecocide, being a crime, after the emergence of hazardous smog depleting air quality at a colossal magnitude. Furthering the pressure on the world leaders, Japan Times pleaded that this threat cannot be ignored further and called for criminalization of the on-going situation at hand. The report narrated that, otherwiseus as an individual will not be leaving behind any home (environment) for the children and grand-children (future generations). To clarify, the crime of Ecocide will not get triggered when one plucks a small plant of flower (though very unreasonable), but when the corporate entities or national level departments/groups attempt catastrophic actions which hurt the ecosystem. Pope Francis backed this statement where he pondered upon the situation by stating that, the conduct by a corporation should not go unpunished in order to achieve the better sense of justice.

Radical statements made by the ambassadors at the International Criminal Court were recorded in favor of punishing those who venture disruption of the ecosystem (environment),as reported by Sophie Yeo in BBC. These mandates are of cumulative agreement of the whole world aiming to preserve home. The word ‘Home’ has been synonymous to preserving and taking care of Earth’s environment.

Catering to the question as to what will constitute anEcocide has been the source of extensive talk which is hindered by difference of opinions. It has become difficult to ascertain whether mass-scale destruction or medium-scale destruction would lead to criminal sanctions, and the basic question as to what extent shall mass destruction quantify. However, Belgium has already introduced Ecocide bills by the two green parties to channel the establishment of punishment, heavy fines and imprisonment against the environment offenders.

The creation of the crime of Ecocide is not only for the purposes of prosecutions, it is also to change the underlying principles and assumptions of the nations and their country’s legal systems regarding the environment

The greater challenge for the International Criminal Courts comes-forth while implementation of Ecocide due to the limitation of its jurisdiction, even at the national level, the Supreme Courts are unlikely eradicate the environmental destruction by merely punishing a CEO as the corporation would nevertheless will keep operating without one or by replacing the imprisoned CEO with another. David Whyte, University of Liverpool shadowed this aforementioned situation in his book ‘Ecocide’. Professor of Law, Mr. Rachel Killen at Queens University Belfast opined that severe political resistance is faced when it comes to recognition of Ecocide as a crime as it curbs economic expansion. Cutting down the forest for residential expansion, drilling for oil or industrial set-up demotivates Ecocide, politically.In line with the Ecocide’s endorsement as a legal and criminal infringement, the Anastacia Greene in Fordham Law Journal wrote that office of the ICC Prosecutor is ready to prioritize criminal sanctions against the actions which result in grave damage to the environment and is source of immense exploitation of natural resources.

With reference to Pakistan, the definition of this term is yet to be ascertained along with certainty of its operation in matter to the meaning of macro-scale destruction and intent of such activity. Reasons for the need of Ecocide recognition are apparent in Pakistan as the contamination of air, water and land is reaching to an alarming stage. Air Quality Index, alone, of one of the cities of Lahore during the winter season exceeded the value of 300 and was marked hazardous for everyone. It is no safer to breathe in the home as the individuals eventually are buying air purifiers to be safe indoors.

In Pakistan, the implication of the term would be severe; it calls for the criminalization of the contamination of the air, land and water through any means whatsoever. Such criminalization, if required from the Pakistan, will be very difficult to attain as the Government has been actively engaged in deforestation of the lands for its development as residential areas. The paving of such land at the mass level by cutting down the trees/forests would amount to the charge of Ecocide as tentatively defined and be then punishable.

The creation of the crime of Ecocide is not only for the purposes of prosecutions, it is also to change the underlying principles and assumptions of the nations and their country’s legal systems regarding the environment. Higgins in her book advocates for the recognition of Ecocide for the reason that it will help in taking U-turns from where we are right now and preventing environmental or atmospheric disasters. The Corporate entities are no doubt governed by the principles of Corporate Governance, which does not mandate the profit only but also pushes the directors to form policies regarding their environmental goals; therefore the crime of Ecocide will push them to make profits only after considering the environmental effects of their decisions. (Also consider the case of Shehla Zia v. Wapda, PLD 1994 SC 693.)

This piece is a call for the introduction of the crime of Ecocide on national level to curb the environmental depression and destruction. It is the only way through which a code can be introduced to compel the corporate entities, authorities, departments and individuals to weigh their decisions’ environmental effects before giving force to such decisions. The term environmental offenders shall be used for the entities that are not behaving well with the environment; such terms would lower the reputation of the environment leading to changing their behavior towards the Ecosystem/Environment.

The writer is Lawyer based in Lahore, Former Cultural Ambassador to USA through UGRAD-18 (exchange semester program) Program by USEFP