by: Eko Prasetyo*
Efforts to combat ecocide
International Environmental Law introduced the concept of ecocide at the Stockholm Conference on Human Environment in 1972, which later became the basis for establishing the Stockholm Declaration. In 1978, the International Law Commission (ILC) included damage to the environment in the Draft Articles on State Responsibility and International Crime.
Ecocide is now recognised as a pressing global problem, not just a local issue. Some countries, such as Vanuatu and the Maldives, have pushed for the issue to be brought before the International Criminal Court (ICC) to make it an international crime.
In addition, movements such as the Stop Ecocide Foundation are at the forefront of efforts to criminalise ecocide at the international level. The organisation strives to raise public awareness and influence government policies to include ecocide in international law. While this struggle is not easy and takes time, global awareness of the importance of protecting the environment is growing, and efforts to recognise ecocide as an international crime are moving forward.
Sadly, the international discourse through an official conference held by the United Nations (UN) to recognise ecocide as one of the international crimes was unsuccessful. Despite failing to gain recognition at the international level, some countries have taken action by incorporating ecocide into their national laws. For example, Vietnam and Russia have included ecocide as a Crime Against Peace. At the same time, some countries such as Armenia, Belarus, the Republic of Moldova, Ukraine and Georgia have classified it as a Crime Against Peace.
In Georgia, the crime of ecocide is punishable by imprisonment for fourteen to twenty years or life imprisonment. In addition, three other countries, namely Kazakhstan, Kyrgyzstan and Tajikistan, have taken similar steps.
Specifically for Indonesia, currently, Indonesia does not have a special regulation on ecocide in national law. In addition, there is the potential for the Omnibus Bill on Job Creation in Indonesia to perpetuate the practice of ecocide crimes systematically. Thus, it is necessary to have special regulations on ecocide and make it an extraordinary crime that human rights courts in Indonesia can handle.
Although the global community recognises this problem, there are many challenges in reducing the potential for ecocide. Some large countries and multinational corporations resist these initiatives for fear of legal repercussions for their business activities. Economic and political barriers have also discouraged many countries from implementing stricter rules.
Ecocide response challenges
Several studies show that there are several reasons why public awareness and effective law enforcement are still lacking in dealing with ecocide issues:
1. Lack of public understanding and awareness of ecocide
One of the root causes of low public environmental awareness is the lack of understanding of what ecocide is and its impacts. The concept of ecocide is not widely recognised by the general public. Most people may understand that environmental damage is dangerous but do not have a deep awareness that this large-scale damage can be categorised as ecocide. This act systematically destroys ecosystems and threatens the lives of living things in them.
The lack of a strong legal culture, where people do not see the law as the main instrument in protecting the environment, exacerbates this condition. For example, many still see environmental destruction as a minor offence or a local problem without considering the long-term implications for the wider ecosystem. This attitude reflects how the law has not been internalised in people’s daily values.
In addition, a shift in social values in society also affects legal compliance. The values of honesty, a culture of shame, and trust in the law that used to be the foundation of maintaining social balance are now eroding. This shift has led people to increasingly ignore moral obligations to protect the environment and adhere to the rule of law. This shows that the challenge of ecocide is not just about lack of knowledge but also about changing attitudes and social values that influence behaviour.
2. Weak law enforcement against ecocide
Apart from society, weak law enforcement is also a crucial factor in dealing with ecocide. Not all countries, including Indonesia, have regulations that strictly regulate ecocide. This means that many cases of large-scale environmental destruction cannot be properly prosecuted because there is no clear legal basis. This lack of regulation provides a loophole for perpetrators, especially large corporations, to escape legal accountability. Multinational and transnational corporations are often difficult to hold accountable as they operate in different countries with different legal systems, taking advantage of regulatory weaknesses in one country to avoid responsibility.
Furthermore, Indonesia’s Omnibus Law on Job Creation has come under scrutiny for its potential to perpetuate ecocide practices. Several articles in this bill are considered to provide space for corporations to exploit natural resources without strict supervision, which risks exacerbating environmental damage. This indicates that there are structural challenges in the legal system that need to be improved to be effective in dealing with ecocide.
3. Lack of coordination and synergy between stakeholders
Another important aspect is the lack of coordination between relevant institutions, such as the government, law enforcement, and the community. There is often legal dysfunction, where existing regulations are not implemented properly due to a lack of synergy between stakeholders. For example, cases of environmental damage that should be addressed immediately are often hampered by slow bureaucracy and a lack of communication between relevant agencies.
Furthermore, the loss of public trust in law enforcement is a barrier to effective law enforcement. When communities feel that law enforcement is not transparent or prone to corruption, they become reluctant to report ecocide cases or engage in prevention efforts. In fact, the role of the community is very important in putting pressure on the government and corporations to comply with existing rules. A strong synergy between the government, law enforcement agencies, and the community is needed to create a more responsive and fair legal system for dealing with ecocide.
Taken together, these three factors–lack of public awareness, weak law enforcement, and poor coordination among stakeholders–contribute to the difficulty of effectively tackling ecocide. A comprehensive approach is needed to address these issues, including more intensive education on the impacts of ecocide, clear legal reforms, and increased synergy between agencies.
Collaboration in the fight against ecocide
The fight against ecocide requires cooperation between communities, governments and the international community. Communities play an important role in raising awareness through local campaigns. At the same time, governments are expected to establish effective policies to protect the environment and strengthen international cooperation in enforcing the rule of law.
Education on the impacts of ecocide should also be strengthened to sensitise people to the damage caused by destructive activities. Recognising ecocide as an international crime is an important step to protect the earth and the rights of future generations.
As ecocide is increasingly recognised in the international legal arena, effective mechanisms will likely emerge to prevent further environmental destruction. Now is the time to prevent further destruction before it’s too late.
Read the previous article: Understanding ecocide: The environmental crime threatening Earth’s future – Part 1
*The author is a researcher at the Center for the Study of Religion & Democracy and Lecturer at the Faculty of Law, Islamic University of Indonesia.
email : eko.prasetyo [at] uii.ac.id
