On 21 February 2025, the Nuremberg Academy, the Oxford Sustainable Law Programme (SLP) and the Institute of Commonwealth Studies (ICwS) jointly submitted a further comment to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) urging it to strengthen its draft policy on environmental crimes.
On 18 December 2024, the OTP of the ICC launched a second public consultation on its new policy initiative aimed at advancing accountability for environmental crimes under the Rome Statute. On the same day, the OTP invited comments on its draft policy paper, which seeks to establish a comprehensive and systematic approach to addressing environmental crimes from preliminary examinations to investigations and prosecutions. This initiative builds on the foundations of the Rome Statute, relevant international treaties, and jurisprudence from the ICC and other jurisdictions. It aims to enhance accountability, transparency, and predictability in the Court’s handling of environmental crimes, while also strengthening cooperation with national authorities.
In response to the second call for public consultation, this joint submission welcomes the OTP’s initiative, commends its consultative approach, and encourages further engagement with civil society, victim groups, and affected communities—particularly in the Global South—to ensure meaningful participation before the policy is finalised.
The second joint submission, drafted by Maud Sarliève (ICwS, SLP) and Project Officer Dr Pauline Martini, focuses on five key areas:
- Clarifying the definition of environmental crimes, and to what extent non-human harms fall within the Court’s jurisdiction;
- Addressing the scope of conducts amounting to environmental crimes, including whether terms such as “illegal exploitation of natural resources”and “illegal land dispossession”are appropriate, and suggesting the inclusion of violations of the right to property as relevant indicators for establishing environmental crimes;
- Proposing clearer standardsfor causation and mental element (mens rea) in cases involving environmental harm;
- Expanding recognitionof vulnerable groups affected by environmental crimes; and
- Refining the ICC’s approach to complementarity and cooperation with national jurisdictions.
Download the Comment and Response below. (pm)
