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Proposal Details

Proposal ID	1110
Proposal	2022 Platform Amendment: Chapter III, Section N, International Policy - add Crime of Ecocide
Presenter	Platform Committee Sponsor: Green Party of Michigan
Floor Manager	Ahmed Eltouny
Phase	Closed
Discussion	09/19/2022 - 10/16/2022
Voting	10/17/2022 - 10/23/2022
Result	Adopted
Presens Quorum	32 0.6666
Consens Quorum	59 0.6666 of Yes and No Votes

Background

Defining, establishing, and enforcing an international crime of “ecocide” so as to deter or prevent such actions, clearly relates to a number of Key Values — Ecological Wisdom first and foremost. Accordingly, it is appropriate for GPUS to include language in its platform supporting a serious effort to do this. On the other hand, such an effort will face serious opposition including attempts to undermine the effectiveness and implementation of the statute — so any GPUS position statement must call for strong language and resist its weakening.

Proposal

Amend Chapter III Ecological Sustainability, Section N. International Environmental Policy, to add the following new paragraph at the end of the section:

"GPUS supports the addition of the crime of ecocide to the Rome Statute which created and empowers the International Criminal Court. The definition drafted by a team of lawyers commissioned by the Stop Ecocide Foundation should be taken as a starting point, with refinements added to hold corporations and governments accountable for ecocide committed by their individual agents. GPUS calls on the US and the international community to adopt and enforce strong language on defining ecocide, and vigorous and comprehensive enforcement of that language."

Resources

Approval of this proposal will amend the 2020 GPUS Platform.

Contacts:
Green Party of Michigan; co-chairs: Tom Mair , Amanda Slepr (both can also be reached via chair@migreenparty.org).

Author: John Anthony La Pietra, jalp5dai@catesby.org

References

The definition drafted by the panel of international attorneys commissioned by the Stop Ecocide Foundation (online at https://static1.squarespace.com/static/5ca2608ab914493c64ef1f6d/t/60d1e6e604fae2201d03407f/1624368879048/ SE+Foundation+Commentary+and+core+text+rev+6.pdf) reads:

Article 8 ter

Ecocide

For the purpose of this Statute, “ecocide” means 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. 2. For the purpose of paragraph 1:

“Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
“Severe” means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources;
“Widespread” means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
“Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
“Environment” means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space.

NOTE: “ter” is a term used in Europe to indicate a third section of a legal document. It is apparently from the French “tertiaire” (compare English “tertiary”). According to the Stop Ecocide Foundation which commissioned the new definition, there is already a chapter 8 (defining War Crimes) and a chapter 8 bis = “repeated”, “improved”, or “encore”/”again” (defining the Crime of Aggression) – and a definition for ecocide would become 8 ter. See also the relevant links on “ter” and “bis” in the References section below.

So “Chapter 8 ter” may mean “Chapter 8c” (or maybe “8b” if there’s a plain 8) — and “paragraph 2 bis” would then mean “paragraph 2b (or 2a)”. This would appear to be legal French, with the abbreviations derived from “bis” = “repeated”, “improved”, or “encore”/”again” — and more simply “tertiaire” = “third”.}

References:

* “Independent Expert Panel for the Legal Definition of Ecocide: COMMENTARY AND CORE TEXT”, Stop Ecocide Foundation, June 2021

https://static1.squarespace.com/static/5ca2608ab914493c64ef1f6d/t/60d1e6e604fae2201d03407f/1624368879048/ SE+Foundation+Commentary+and+core+text+rev+6.pdf

* ” ‘Historic Moment’: ‘Ecocide’ Definition Unveiled by International Lawyers”

https://www.desmog.com/2021/06/23/ecocide-definition-international-criminal-court/ https://www.nakedcapitalism.com/2021/07/historic-moment-ecocide-definition-unveiled-by-international-lawyers.html

* Log of GPMI State Central Committee 2021 proposals (posted online at the SCC’s private Groups.io Files page; printable version attached):

https://groups.io/g/GPMISCC/files/SCC%202021%20Proposal%20Log%208-2%20update.xlsx

* Link explaining “ter” (and “bis")
https://www.proz.com/kudoz/french-to-english/law-general/1109700-ter-bis.html

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