Reparations in the Aftermath of Ecocide

Abstract

Calls for a new international crime of ecocide have gained significant momentum over the last few years. In 2021, the Stop Ecocide Foundation’s Independent Expert Panel’s release of a new proposed definition galvanised international statements of support for ecocide to be introduced as the fifth ‘crime against peace’ at the International Criminal Court (ICC). Proponents of such a move have called attention to the deterrent effects and other benefits of individual criminal accountability for environmental harm, including the symbolic value of framing ecocide as one of the ‘most serious crimes of concern’ to the international community. However, relatively little attention has been given to another potential benefit of including the crime in the ICC’s mandate: the possibility of environmentally reparative measures. It is notable in this regard that the ICC has the ability to award reparations to victims of a convicted person’s crimes, while the Court’s Trust Fund for Victims (TFV) has the further ability to provide victims with assistance prior to any judgment being rendered. This paper explores what these reparative possibilities offer in the context of ecocide