The Prosecutor of the International Criminal Court, Mr. Karim A.A. Khan KC, is pleased to invite a second round of comments on a new policy initiative by the Office of the Prosecutor to advance accountability for environmental crimes under the Rome Statute.
The initiative will culminate in a new comprehensive policy paper that aims to guide the Office in ensuring a systematic approach to dealing with environmental crimes from the outset of the preliminary examination process to investigations and prosecutions.
The new policy will seek to further promote accountability, transparency, and predictability in the work of the Office in this crucial area. Developed on the basis of the Rome Statute, other regulatory instruments of the Court, applicable treaties, and the principles and rules of international law, the policy will also draw on the jurisprudence of the Court and other relevant jurisdictions in seeking to clarify the existing framework within which the Office may take action in this area. Emphasis will also be placed on how the Office can engage with and support national authorities to ensure a collective, effective approach to environmental crimes within the framework of the Rome Statute.
The initiative was launched in February 2024 and has already benefited from an initial round of more than 80 submissions received prior to the drafting process. This new round of consultations aims to solicit more specific and focused feedback on the text of the draft policy itself.
In highlighting the potential importance of the environmental crimes policy and the central role of stakeholder consultation in its development, Prosecutor Khan stated: “The natural environment forms the bedrock for human life. Our investigations in various regions of the world reveal a pattern: serious international crimes are often driven by or result in significant environmental damage, such as the poisoning of wells and water supplies in Darfur. This is why my Office is developing a policy on how it can harness the treaty that created the Court, the Rome Statute, to address such crimes and to support national authorities in doing the same. We need your input to shape this policy.”
Professor Kevin Jon Heller, Special Adviser to the Prosecutor on War Crimes, will be assisting the Prosecutor and the Office in developing the policy.
