by: Eko Prasetyo*
Ecocide is an important topic because the destruction of ecosystems by humans can have a hazardous impact and threaten the survival of humans themselves. Ecocide can be defined as intentional or unintentional actions that cause massive damage or destruction of the natural environment.
There are several reasons why ecocide is important. First, it can cause massive and far-reaching environmental damage, such as loss of biodiversity, water, soil, and air pollution, and climate change, which can threaten human survival.
Second, although it can be categorised as an extraordinary crime, ecocide has not been considered an extraordinary crime in current national and international legal instruments, so special arrangements are needed to make it an extraordinary crime that the International Human Rights Court can handle.
Third, some countries in the world have regulated ecocide as part of crimes against humanity or human rights. However, the prosecution of perpetrators of ecocide crimes is still limited to war crimes, making it difficult to hold them accountable for crimes committed, both against individuals and multinational/transnational corporations.
Fourth, there is the potential for the Omnibus Law on Job Creation in Indonesia to systematically perpetuate the practice of ecocide crimes, both in the political, legal, socio-economic and cultural aspects, so it is necessary to have a special regulation on ecocide.
Definition and importance of the issue of ecocide
Terminologically, the term ecocide has its origin from the words eco and cide. Eco refers to habitat, environment, and everything related to shelter, including humans, animals, plants, air, water, and the sun. Meanwhile, the word cide comes from the Latin cedere, which means to destroy or annihilate.
Ecocide, literally referring to environmental murder, is an idea that may be considered radical, but for activists, it is a concept that makes sense.
The term was first introduced by Arthur Galston, an American biologist, in 1970. Galston used the term to describe massive damage to the natural environment caused by human activity.
The concept of ecocide was further developed by Richard Falk, an international law expert, in 1973. Falk stated that ecocide could be considered an international crime that could be tried in international courts.
Since then, the term ecocide has been widely used in discussions and efforts to recognise environmental damage as a legally accountable crime, both at national and international levels.
Impact of ecocide
Ecocide has severe environmental, social and economic impacts, including, environmental impact. Ecocide can lead to the extinction of flora and fauna species and the loss of natural habitats that are essential for the survival of living things. Massive damage to ecosystems can disrupt natural cycles, such as the water cycle, carbon cycle and food chain, impacting the global balance of ecosystems.
In addition to environmental impacts, ecocide also impacts social and economic aspects. Environmental damage caused by ecocide can eliminate natural resources that are the community’s livelihood, such as forests, agricultural land, and fisheries. Man-made natural disasters are also predicted to occur frequently due to environmental damage. Ecocide can cause environmental damage that triggers natural disasters such as floods, landslides, and droughts that have an impact on the social and economic life of the community.
Based on its systemic impact, from a theoretical point of view, ecocide can be categorised as an extraordinary crime because it meets the characteristics of the extraordinary crime itself, namely, first: The criminal acts committed are heinous and cruel, deeply shocking the conscience of humanity, and a threat to international peace and security.
Next, there are elements of intentionality, organisation, systematicity, and widespread conduct to cause death or other extremely grave consequences. Finally, the consequences of the criminal act are highly detrimental to the state or the broader society, such as disturbing public order, involving a substantial amount of resources, and being carried out in an extremely inhumane and cruel manner, thus endangering the security of the state.
Polly Higgins and Stuart Ford view ecocide as a serious crime on par with genocide, crimes against humanity and war crimes. According to Higgins, ecocide has widespread impacts and can threaten global peace, with more severe criminal liability for perpetrators. Ford links ecocide to extraordinary crimes punishable by death. At the same time, Gillian Caldwell supports adding ecocide to this category to end the impunity of big businesses and rulers who contribute to ecocide.
Continue reading: Understanding ecocide: The environmental crime threatening Earth’s future – Part 2
*The author is a researcher at the Center for the Study of Religion & Democracy and a Lecturer at the Faculty of Law, Islamic University of Indonesia.
email : eko.prasetyo [at] uii.ac.id
