When ecosystems are destroyed by human action, there must be consequences. The EU has criminalised large-scale environmental damage. Germany now has the opportunity to take leadership – and set a positive example – by introducing a law against ecocide.
When forests burn, rivers dry up, and fertile land turns into desert, we usually speak of climate disasters – but rarely about responsibility. Yet in many cases, large-scale environmental destruction is not a purely natural phenomenon; it is also the result of human activity. The term “ecocide” describes exactly that: massive damage to or destruction of ecosystems by human action, for example, through deforestation, pollution, or the overexploitation of natural resources. The term also includes environmental destruction as a result of war.
A Signal from Europe, an Opportunity for Germany
With the reform of European environmental criminal law in 2024, the EU outlawed “widespread and substantial [environmental] damage which is either irreversible or long-lasting” for the first time. For Germany, going beyond simple transposition, this is the chance to take a leadership role by recognising “ecocide” as a criminal offence – on the basis of the danger posed rather than the outcome [Gefährdungsdelikt]. This would make clear that nature protection is a question of law, not politics.
Such a move would allow a response to actions that could lead to massive environmental destruction before any harm occurs. It would be a good fit with the German legal system and could serve as a model in Europe and beyond. A recent report by the Ecologic Institute confirms the legal feasibility of this approach. Especially in these times, when environmental protection is being rolled back under the banner of “debureaucratisation”, this would be an important counterbalance, providing stronger guidelines instead of weaker environmental and human rights standards.
Using Law as a Shield – For People and Nature
The issue has also gained momentum internationally. Alongside the European Parliament and the Council of Europe, an increasing number of countries are discussing the inclusion of ecocide as a separate offence under international criminal law. Germany could play an active role here. Importantly, early drafts of the Rome Statute of the International Criminal Court, which sets out the Court’s jurisdiction, foresaw ecocide as a standalone criminal offence.
In creating clear legal standards, the criminalisation of ecocide could promote sustainable business practices – by protecting companies that treat the environment responsibly while sanctioning those that act at its expense.
But beyond the legal framework, this is a question of responsibility and global justice. Criminal law serves not only to punish, but also to prevent – it signals what is considered unacceptable in a society. The inclusion of ecocide as a criminal offence under international law would name the large-scale destruction of ecosystems for what it is: an attack on the very basis of our existence.
Get Involved - Presidents' column
Get involved! There’s no other way to be real – thus the message of Heinrich Böll, and, to this day, his encouragement is inspiring us. With this column the Presidents of the Foundation involve themselves in current social and political debates. This column will appear each month, authored, in turn, by Jan Philipp Albrecht and Imme Scholz.