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Counter Environmental Crime

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Joint Venture
Bio-Dynamic Technology I

International law offers mechanisms for the prosecution of environmental crimes, which often depend on international cooperation and the political will of the involved states. Despite the challenges, there are successful examples of prosecuting and punishing such crimes, paving the way for future actions. Enhanced international cooperation and the further development of international legal instruments are essential to effectively protect the environment and combat environmental crimes worldwide. Two of our partners inside this joint venture are the NGO ATHENE Counter Environmental Crime, Germany, and the NGO TACA The Anti-Corruption Agency, Switzerland-Germany.

No Business As Usual

Various political leaders worldwide have been involved in or have tolerated environmental crimes. In Germany, the Volkswagen emissions scandal is notable. The company manipulated emissions values of diesel vehicles, leading to significant environmental damage. Politicians such as the then Transport Minister Alexander Dobrindt were criticized for not intervening promptly.

In Italy, politicians were investigated for involvement in illegal waste disposal by the Mafia, including former Prime Minister Silvio Berlusconi, who was accused of tolerating illegal dumps. In Ukraine, former President Viktor Yanukovych was accused of fostering corruption that led to environmental damage, particularly through unregulated industrial activities.

In Canada, Prime Minister Justin Trudeau faced criticism for supporting pipeline projects that negatively impacted the environment, especially indigenous communities and their land rights. In Brazil, President Jair Bolsonaro promoted deforestation of the Amazon rainforest by relaxing environmental laws, leading to massive environmental destruction. In Peru, former President Alan García was involved in scandals related to illegal mining activities and their environmental impacts. In Nigeria, politicians such as former President Olusegun Obasanjo were criticized for not sufficiently regulating the oil industry, which led to extensive environmental damage in the Niger Delta.

International law provides various mechanisms for the prosecution of environmental crimes, especially when they have transnational impacts or can be classified as crimes against humanity. The legitimacy and execution of such prosecutions are facilitated by international agreements, courts, and organizations.

International agreements such as the Basel Convention, which regulates the transboundary movement of hazardous waste and its disposal, and the Chemical Weapons Convention, which bans the development, production, and use of chemical weapons, provide legal foundations. The United Nations Convention on the Law of the Sea (UNCLOS) regulates the protection of the marine environment. Environmental crimes on the high seas can be prosecuted by international courts.

The International Criminal Court (ICC) has jurisdiction over genocide, crimes against humanity, and war crimes. Environmental crimes can be prosecuted if they are classified as crimes against humanity. The International Court of Justice (ICJ) can adjudicate disputes between states over environmental crimes if these states recognize its jurisdiction.

An example of international prosecution of environmental crimes is the pollution of the Niger Delta in Nigeria by multinational oil companies, particularly Shell. This led to severe environmental damage and health issues for the local population. Lawsuits were filed in Nigerian and Dutch courts. In 2021, a Dutch appellate court ruled that Shell is responsible for the damages and must pay compensation.

Another example is the illegal export of waste to Africa, particularly hazardous waste like electronic scrap. Several European countries initiated investigations and filed charges against involved companies and individuals. In some cases, convictions and hefty fines were imposed, and the illegal waste had to be repatriated.

The Bhopal disaster in India is another prominent case. In 1984, a severe chemical accident occurred in a pesticide plant owned by Union Carbide Corporation, resulting in thousands of deaths and long-term environmental damage. Indian courts conducted long-standing proceedings against the responsible companies and managers. Compensation was paid, but many victims and environmental damages remained inadequately addressed. There were also international protests and demands for more comprehensive international prosecution.

The international prosecution of environmental crimes faces several challenges. Jurisdiction is often unclear, as many environmental crimes cross national borders. Collecting and presenting evidence for environmental crimes can be complex and resource-intensive. Moreover, there is often a lack of political will and international cooperation to effectively prosecute environmental crimes.

In addition to international courts, various international organizations play a crucial role in monitoring and prosecuting environmental crimes. Interpol has a specialized unit for combating environmental crime. The United Nations Environment Programme (UNEP) supports international efforts to protect the environment and provides technical and legal advice.