OCEAN OPEN LETTER

 

Ecocide law to protect and support our relationship with the ocean

Ocean health is essential for all life on Earth.  The ocean, home to myriad -  including many keystone - species and countless interdependent ecosystems, is the single biggest producer of oxygen and regulator of climate, as well as a vast natural carbon sink.  The ocean also provides food and livelihoods (the global “blue economy”) for many hundreds of millions of people.  This balance of  relationships relies profoundly on thriving biodiversity and healthy marine ecosystems.  We must therefore respectfully manage what the ocean provides, while protecting her from the worst harms, for example from pollution, over-extraction and damages that exacerbate warming and acidification. 

 “Ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.

Recognising those worst harms - “ecocide” - in international criminal law sets a preventive and necessary parameter to ensure that human activity stays within safe boundaries.   Such a law will create accountability at the highest levels of decision-making in government and industry, encouraging due diligence and strongly reinforcing existing regulations pertaining to ocean protection.

Existing legal frameworks have not so far been effective in deterring business and economic models that destroy marine populations and ecosystems. However, with ecocide law as a supporting element, those frameworks can begin to become fit for purpose.

Recognising ecocide not only provides a legal safety rail to deter and prevent the most severe harms, but also presents positive opportunities.  These include leveling the playing field for sustainable enterprise; unlocking innovation and stimulating investment in regenerative and indigenous fishing practices; stabilizing operational and reputational risk; and providing a steer towards working with, rather than against, ocean wildlife.

Time for governments to stand up

As organizations, businesses and communities that live and work with the ocean, we believe recognizing ecocide as an international crime is now essential to ensure a healthy relationship with - and lasting protection for - the ocean, the climate and indeed our common future. 

We therefore call on all governments to support the inclusion of ecocide into the Rome Statute of the International Criminal Court and to positively engage in the growing global conversation to make this a reality.


¹ Consensus legal definition of ecocide drafted by the Independent Expert Panel, convened by the
Stop Ecocide Foundation.
https://www.stopecocide.earth/legal-definition, June 2021