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It is a curious anomaly: although the world has long benefitted from dedicated conventions proscribing genocide () and war crimes (, ), no similar convention exists for crimes against humanity. Following , the initiative to rectify this lacuna in the architecture of international law has graduated from to the to the , which looks poised to submit the matter to the General Assembly in anticipation of a formal negotiation process.

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The precise scope of a future convention is still a matter for discussion, with many State representatives persuasively arguing that the enumerated list of crimes against humanity – currently copied from the – should reflect the progressive development of the law since that instrument’s conclusion . In this respect, a number of States have elucidated the need for a future convention to incorporate environmental crimes as crimes against humanity, including , , , and, most recently, , , and .

Heeding this call, the ������ϲʿ�������ֳ�ֱ�� WCEL prepared and advanced a realistic proposal for States to add to the list of crimes against humanity: “widespread, long-lasting, or severe destruction of the natural environment as the means of destruction, damage, or injury to any civilian population”, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

As explained in the proposal, this definition is drawn from , which has been , features , and was incorporated into the . This compelling basis, with its close links to customary international law , should ensure that the ������ϲʿ�������ֳ�ֱ��’s proposal can receive support even from States that might be instinctively cautious about expanding the list of crimes against humanity to include crimes without adequate grounding in international law.

There could well be additional bases for environmental harm to be incorporated into the eventual framework governing crimes against humanity. In this regard, States have suggested that “ecocide”, “use of nuclear weapons”, “exploitation of natural resources”, as well as “economic and mineral exploitation and environmental degradation” could also serve as a basis, according to the , at para. 35. The ������ϲʿ�������ֳ�ֱ�� WCEL stands ready to facilitate the preparation of related proposals, should they garner sufficient State support to suggest their possible adoption or incorporation and to merit a more detailed proposal for consideration.

The ������ϲʿ�������ֳ�ֱ�� WCEL joins in expressing the hope that States will shortly commence negotiation on the contents of a Convention on Crimes Against Humanity. In particular, the ������ϲʿ�������ֳ�ֱ�� WCEL urges States to take due consideration of the need to reflect environmental destruction among the enumerated crimes against humanity, and commends to States its proposal as a realistic way to account for this tragically foreseeable crime.


This article was produced by the ������ϲʿ�������ֳ�ֱ�� WCEL Environmental Security and Conflict Law Specialist Group. .