Moldova, Portugal and the EU Sign New Council of Europe Convention Criminalising Harm ‘Tantamount to Ecocide’

Summary

The Council of Europe has opened for signature its new Convention on the Protection of the Environment through Criminal Law, a landmark instrument enabling states to prosecute intentional conduct resulting in environmental disasters “tantamount to ecocide”. 

Moldova, Portugal and the European Union became the first signatories today, as announced in Strasbourg. The convention will enter into force once ten states, including eight Council of Europe members, have completed ratification.

Although the term ecocide does not appear in the operative articles of the Convention, the preamble explicitly references the concept and draws on recent Council of Europe resolutions calling for its recognition. The Convention’s framing of a “particularly serious offence”, defined in Article 31 as intentional conduct causing irreversible, widespread and substantial damage or long-lasting, widespread and substantial damage, closely mirrors the core elements of the definition of ecocide proposed by the Independent Expert Panel convened by the Stop Ecocide Foundation in 2021.

The convention introduces corporate liability and provides for restorative measures such as reinstatement of the environment, together with protections for those who report offences or cooperate with justice. The text also sets compulsory penalties for natural and legal persons, establishes aggravating factors for severe or irreversible harm, and creates a dedicated category for the most destructive conduct. These combined provisions give states a far stronger basis for investigating, prosecuting and penalising serious environmental offences.

The full text of the convention and the accompanying explanatory report can be found here.