Environmental crimes: joint comment calls for further strengthening of ICC policy
On 21 February, the Oxford Sustainable Law Programme, the Institute of Commonwealth Studies, and the International Nuremberg Principles Academy jointly submitted a second comment to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) urging it to strengthen its draft policy on environmental crimes. An initial comment was submitted by the group in March 2024 during the ICC’s first public consultation.
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, the 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.
"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," says Maud Sarliève, Climate Research Forum Coordinator at the Oxford Sustainable Law Programme, Smith School of Enterprise and the Environment and Fellow of the Institute of Commonwealth Studies, who led this initiative.
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 the intentional 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.
Read the second joint submission, "Response to the Draft Policy on Environmental Crimes under the Rome Statute of 18 December 2024."
