2022 Chapter III. Ecological Sustainability. Section N. International Environmental Policy

GPMI, Ecological Sustainability, N. Proposal to Support Creation and Enforcement of an International Crime of Ecocide

1. Name of party/caucus/committee and co-chair contact information.

Green Party of Michigan; co-chairs: Tom Mair <traversemedia@yahoo.com>, Amanda Slepr <amyslepr@gmail.com> (both can also be reached via chair@migreenparty.org).

2. Brief explanation of approval process and date of approval.

The initial draft proposal was sent to the GPMI State Central Committee (SCC) on September 4, 2021 – given the current inactive state of the GPMI Platform Committee, revival of which will be proposed either at the next Statewide Membership Meeting (SMM) or to the SCC before then. The SCC approved the proposed amendment by consensus on September 10.

3. Contact Information for author or designated contact person: name, address, phone, e-mail.

author: John Anthony La Pietra . . . 611 N Linden St; Marshall, MI 49068, jalp5dai@catesby.org

4. Chapter of the platform and letter of plank being addressed;

or, if introducing new material, chapter and section where new plank should appear. Chapter III (Ecological Sustainability), Section N (International Environmental Policy)

5. Current language of plank that is being addressed. N. International Environmental Policy

GPUS believes that an international agreement should be reached which sets (1) an executable and enforceable framework for keeping Earth well within its 7 measurable planetary boundaries (currently including climate change, biosphere integrity, land- system change, freshwater use, biogeochemical flows, ocean acidification, and stratospheric ozone depletion) (2) an executable and enforceable framework for the designation of at least 50% of the planet as a nature reserve and (3) international protections, funding, and legal personhood to large swaths of wildlands like the Brazilian Amazon and Nile River, including rivers longer than 1,500 km and wildlands larger than 1,000,000 acres.

6. Proposed revision or amendment of the current language, or proposed new plank. The proposal is to add a new paragraph at the end of this section, to read:

“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.”

7. Additional comments or questions.

Comments: 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. OTOH, 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.

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

1. 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:

1. “Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
2. “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;
3. “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;
4. “Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
5. “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

* Links explaining “ter” (and “bis)