Belgium's ecocide law enters into force

Summary

Belgium’s ecocide law has today come into force as part of the country’s new penal code (Article 94, Book II), marking the final step in a legislative process that has been several years in the making. 

The new penal code, adopted by the Federal Parliament in February 2024, represents the first major overhaul of Belgian criminal law in more than 150 years. Belgium’s Service public fédéral Justice (SPF Justice) described its entry into force as a “historic” moment, specifically highlighting ecocide among the new criminal offences.

The ecocide provision covers deliberate unlawful acts committed in the knowledge that they will cause severe, widespread and long-term environmental damage. The offence carries a maximum prison sentence of 20 years.

Belgium’s ecocide law was adopted shortly before the EU’s revised Environmental Crime Directive entered into force in May 2024. The EU legislation requires Member States to strengthen criminal penalties for serious environmental offences, including qualified offences covering particularly severe environmental damage, described in its recitals as conduct “comparable to ecocide”. 

The law is federal in scope, covering areas of federal jurisdiction, including the North Sea and matters involving ionising radiation and radioactive waste. However, as responsibility for most environmental protection lies with the three regions (Flanders, Wallonia and Brussels-Capital) they will also be affected by Belgium’s implementation of the EU Environmental Crime Directive and will need to ensure compliance within their respective areas of competence.

Patricia Willocq, Diplomatic Director for Africa and Francophone Countries at Stop Ecocide International, said:

“This is a significant moment for Belgium and for the growing recognition of ecocide. Two years after its adoption, Belgium’s ecocide offence can now be applied in practice.

The next important step will be to see how the regions bring their respective frameworks into compliance with the EU Environmental Crime Directive, while ensuring coherence with the federal framework.

With progress accelerating across Europe and globally, we are seeing the law begin to catch up with a simple reality: the most severe environmental destruction demands meaningful accountability.”

The ecocide provision, set out in Article 94, Book II of the Belgian Penal Code, can be found here.