Scope of the law limited to areas within jurisdiction of federal authority at the moment
The Belgian parliament building in Brussels. Photo: iStock Tiny Belgium, the seat of the European Union (EU), has scored another first. The country has become the first in the European Continent to recognise ‘ecocide’ as a national as well as an international crime.
The Federal Parliament of Belgium voted in favour of a new penal code which makes ecocide a national and international crime on February 22, 2024, according to a document uploaded on its website.
“Unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts” is how ‘ecocide’ was defined by the Independent Expert Panel for the Legal Definition of Ecocide.
The Definition was given in June 2021 by the Panel, which itself was formed in late 2020 by the Stop Ecocide Foundation.
The Stop Ecocide International was co-founded in 2017 by late barrister Polly Higgins (1968-2019) and current Executive Director Jojo Mehta.
“Nationally, the new crime of ecocide, aimed at preventing and punishing the most severe cases of environmental degradation, such as extensive oil spills, will apply to individuals in the highest positions of decision-making power and to corporations. The punishment for individuals may include up to 20 years in prison, while corporations could face fines of up to 1.6 million euros,” the Foundation said in a note on its website.
Belgium is a federal and constitutional monarchy. It is divided into two main linguistic and cultural regions: Flemish (Dutch)-speaking Flanders and French-speaking Wallonia.
“Within Belgium’s federal monarchy, domestic environmental legislation is primarily the responsibility of the three regional governments of Flanders, Wallonia and Brussels. The scope of this new law is limited to areas within the jurisdiction of the federal authority, including the North Sea and nuclear waste management,” the Stop Ecocide Foundation article noted.
It also quoted Patricia Willocq, director of Stop Ecocide Belgium as saying the limited scope of the law should not dishearten anyone.
The EU had already reached an agreement reached an agreement to incorporate a new dedicated offence into its recently revised environmental crimes directive, targeting cases comparable to ecocide, Willocq noted.
“Now, all 27 member states are tasked with aligning their domestic penal codes with this updated directive, a process that will extend to Belgium’s three regions. We anticipate that this effort will significantly reduce any disparities between federal and regional environmental criminal laws. As Belgium holds the presidency of the European Union, this directive should encourage the regions to play their part in the area of their competence,” she added.
Monica Lennon, Member of the Scottish Parliament for Central Scotland, hailed Belgium’s move.
“Delighted to see ecocide law become a reality in Belgium. Hopefully Scotland won’t be far behind,” she posted from her X (formerly Twitter) handle on February 24.
Belgium has already recognised genocide, crimes against humanity, war crimes and the crime of aggression.
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