Developing ecocide law.

Recognition of the crime of ecocide in France

What is the place of ecocide in French law today?
The Climate and Resilience Act of August 22, 2021 introduced ecocide into French law. However, the trivialization of ecocide to the rank of a simple misdemeanor - against the advice of the Citizens' Climate Convention, which called for the recognition of a crime of ecocide - and the particularly complex and restrictive definition retained, are inadequate for an effective and truly dissuasive criminalization of the most serious attacks on the environment.

What is the main limitation of the Climate and Resilience Act of August 22, 2021?
The Climate and Resilience Act of August 22, 2021 only recognizes ecocide as a crime. Stop Ecocide is calling for ecocide to be recognized as a crime under French criminal law.

What about the report on the French government's action for the recognition of ecocide provided for in article 296 of the climate and resilience law?
Article 296 of Law no. 2021-1104 of August 22, 2021 on combating climate disruption and strengthening resilience to its effects (known as the Climate and Resilience Law) provides for the transmission to Parliament of a report on the Government's action in favor of the recognition of ecocide as a crime that can be tried by international criminal courts by August 2022 (one year from the law's promulgation). Preparation is the responsibility of the Ministry of Europe and Foreign Affairs. To date, this report has not been submitted.

Has the situation in France changed with the approval of the new European directive on environmental crime?
For the law on ecocide to be truly effective and comprehensive, the French state needs to align itself at the very least with the European directive on environmental crime adopted in March 2024, which identifies 20 acts comparable to ecocide.

While these new European rules are a good start, they nevertheless limit the crime of ecocide to 20 specific activities. This could allow some of the planet's biggest destroyers to escape punishment by renaming their activities differently. What's more, this European legislation will not cover future destructive activities based on as yet unknown technologies.

What should be added to French law to adequately sanction and prevent ecocide?
One solution would be for the French legislator to recognize in its law an autonomous crime of ecocide, based on the definition adopted by the international panel of experts commissioned by the Stop Ecocide Foundation. Recognition of an autonomous crime of ecocide will enable our courts to prosecute all the most serious environmental violations, and finally hold those responsible to account. This could deter many ecological disasters in the future!

If you would like to get involved, please contact us: france@stopecocide.earth