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Amendments to the Rome Statute of the International Criminal Court
on the Crime of Ecocide
1. The following text is inserted after article 5, paragraph 1, subparagraph d of the Statute:
(e) The crime of ecocide.
2. The following text is inserted after article 8 bis of the Statute:
Article 8 ter
Crime of ecocide
1. For the purpose of this Statute, ‘crime of ecocide’ means
(a) acts or omissions which cause or may be expected to cause, and/or
(b) failure to assist where climate related events have caused or may be expected to cause:
i. widespread, or
ii. long-term, or
loss or damage to, or destruction of ecosystem(s) of a given territory, such that peaceful enjoyment by the inhabitants has been or will be severely diminished. [for the purpose of this Article ‘inhabitants’ may be human or non-human]
2. Knowledge and/or intent as set out under Article 30 are not required for establishing the crime of ecocide but may be taken into account for the purpose of sentencing.
3. The first sentence of article 9, paragraph 1 of the Statute is replaced by the following sentence:
Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8, 8 bis and 8 ter.
4. The opening text of article 20, paragraph 3, of the Statute is replaced by the following sentence; the rest of the paragraph remains unchanged:
3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8, 8 bis or 8 ter shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
5. The following text is inserted after article 25 of the Statute:
Article 25 bis
Criminal Responsibility for the crime of ecocide
1. This Article shall apply only to the crime of ecocide.
2. The Court shall have jurisdiction over States Parties, companies, organisations with separate legal personality, and partnerships, and all such bodies shall be
(a) responsible and liable for punishment as provided for under Article 25(3)(a) to (f) and as a superior under the conditions set out in Article 28(b), and
(b) a “person” whenever that term is used in this Statute.
6. The first sentence of article 75, paragraph 1 of the Statute is replaced by the following sentence:
The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation, rehabilitation, cultural and ecological restoration.
7. Article 75, paragraph 2 of the Statute will be replaced by the following paragraph:
The Court may make an order directly against a convicted person specifying
appropriate reparations to, or in the respect of, victims, including restitution,
compensation, and rehabilitation, cultural and ecological restoration.
8. The following text is inserted after Article 77, paragraph 2 of the Statute:
3. Where the crime of ecocide has been committed, the court may make;
a) an order for ecological restoration and/or
b) an order for cultural restoration and/or
c) an order for climate displacement aid and assistance under the UN Trusteeship
Amendments to ICC Elements of Crimes
1. The perpetrator caused widespread or long-term or severe loss or damage to, or destruction of ecosystem(s) of a given territory, or failed to assist when climate related events caused such loss, damage or destruction.
2. The extent of the damage is such that peaceful enjoyment by the inhabitants has been or is likely to be severely diminished.
3. To cause such damage includes failure to prevent, pre-empt or prohibit such damage.
4. Knowledge and or intent are not required for the establishment of the crime of ecocide. Intent, recklessness and or knowledge are aggravating factors for the purpose of sentencing.