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Fear without choice weakens, but fear as the motivation for change is the cause of hope.
As section 26 of last month’s Climate Conference of the Parties (COP26) falls slowly on the issue, each of us must continue to remember what was promised there, and do all we can to make those promises come true. We must also keep seeking. In order to survive, we must change the social, economic, and artistic practices of our lives. We can no longer be free.
As Ugandan meteorologist Vanessa Nakate points out in her recent book A Bigger Picture, species are becoming extinct at a much larger scale than during the dininosaur era. And as Mia Mottley, Prime Minister of Barbados, made clear in her opening remarks at COP26, island nations should be sentenced to death.
One way to address this problem is to make the “ecocide” recognized as a major criminal offense in international law.
The word ecocide combines the Greek word “oikos”, meaning house / building (and later means habitat / environment), with “cide”, meaning to kill. It basically means “killing someone’s house”.
In legal terms, ecocide is defined as “an illegal or abusive act carried out in the knowledge that there is a risk of serious harm or long-term environmental damage as a result of the incident”.
Killing ecocide would give everyone in the world the opportunity to hold companies and governments accountable for starting or continuing with the burning of fossil fuels. The law of ecocide can give us a chance to fight to save our future.
From the arid land of the arid coast of Central America, the rising tides of the Ganges deltas, to the increasing climatic events in the Sahel and the floods of Europe, there is no denying that we are on a man-made surface. difficult.
Nine major cities could be submerged by 2030 if we do not make significant changes now – imagine a world without Amsterdam, Bangkok, Venice or New Orleans. And right now, in many lands, no one is to blame. It is time to change the rules. It is time to protect our home.
Everyone should be aware of the term “ecocide”, especially the world’s most polluting, 20 companies – Chevrons, Exxons, BPs and Shells of this country – which are responsible for one-third of the total carbon emissions.
If ecocide were to be blamed, we would not only punish many vandals for their corruption, but also prevent the coming of companies and the services of new founders. Violating ecocide laws reduces the use of fossil fuels as we move to green energy. In a world where disinfection is a crime, not all living things, but the potential for oil industry will end.
As Farhana Yamin, a lawyer and consultant for climate issues for more than 30 years, stated in the recent Manifesto of Justice for COP26 and Beyond, “the atmosphere, the sea, the soil and the forests cannot be talked about. Mrs. Earth may be mentioned in the Paris Agreement, but has no legal obligations. “
It is also true that poor countries, Indians, smallholder farmers, children and the poor did not bring about climate change, do not get much of a say in climate negotiations, but will suffer from the effects of climate change.
Not only will crime be part of the process of saving lives, but it will also give the most vulnerable people in the community, and only the environment, a voice.
Currently, the Rome Statute of the International Criminal Court (ICC) lists four cases: Homicide, Criminal Cases, Military Cases and Violent Crimes (recently added).
This rule could be amended to add to the fifth case: Ecocide.
Any government that has ratified or endorsed Rome by the International Criminal Court (ICC) could consider a change. Currently there are 123 of the “international parties”. For this change to take place, the majority of those present and voting at the next annual ICC meeting must agree to do so.
The ICC conference operates in one country, one vote. The voice of such a small Pacific island is as strong as the national anthem – and there are much smaller islands than the “big” countries. There has never been a better time for these discussions. Countries will want to be seen to be taking the issue – and therefore the change – seriously.
In order to change the mindset from the law, at least 2/3 the majority of parties (currently 82/123) must comply with the change. Once a law is enacted in a law, a case exists. The parties to the states may agree (give their agreement) and force them to violate the laws of their country.
COP26 is now over, but what kind of pressure is there to stop organizations and countries from breaking their promises? There is a fixed black hole for response and pressure. The ecocide rule can fill the pit.
The ecocide rule will be restrictive, as well as provide a response. This will allow conservation lawyers to declare “ecocide” when holding a company or government accountable. If ecocide were to be legalized, companies would have a hard time launching new oil operations such as oil fields – because oil fields destroy the surrounding ecosystem and cause inclusion.
We are against time.
The ecocide campaign is not new. “Stop Ecocide” was the brainchild work and life of the amazing lawyer and freedom fighter Polly Higgins. Today, lawyers, campaigners, and human rights activists are taking Polly’s work to document “ecocide” in law books as a way to save endangered species and ecosystems on our precious blue planet.
Along with political, technical and economic policies, the law has a role to play in changing our relationship with the environment, transforming that relationship from destructive to social. We, as living beings, have been plundering for a long time. We need to be vigilant, problem-solving not just changing what we started but finding a better way to live with our environment that is less stable and more flexible. We must end the ecocide, we must end our suicide.
The views expressed in this article are those of the author and do not necessarily reflect the views of Al Jazeera.
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