Calls for ‘ecocide’ law in Scotland to punish those who destroy nature like war criminals

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Plans or a groundbreaking new "ecocide" law in Scotland to punish those who destroy nature have been hailed by campaigners.

If backed by MSPs, Scotland could become one of the first countries in the world to establish a specific crime for mass environmental damage and destruction - such as deforestation or oil spills.

Activists say it would complete a decade-long campaign for global recognition of ecocide by the inspiring Scots barrister Polly Higgins, who died in 2019.

The Holyrood drive for new legislation is spearheaded by Scottish Labour MSP Monica Lennon, with a consultation on the plans set for later this year.

Jojo Mehta, executive director of Stop Ecocide International, told the Record the law could capture a wide array of polluting acts - targeting individuals rather than corporations.

They could include large-scale sewage dumping in rivers, fossil fuels schemes spewing emissions into the sky, and even eco damage caused by war like Russia’s invasion of Ukraine.

Stop Ecocide International, founded by Mehta and the late Higgins in 2017, claims there is a gap in international law - saying ecocide should rank alongside war crimes, genocide and crimes against humanity.

The group has taken its case to the heart of Brussels - with EU chiefs now considering a Europe-wide law, as are dozens of other states around the world.

But Mehta said plans for a specific Scots law would be like the “concept coming home” due to the links to Higgins.

She said: "It's been a really steady development over the last couple of years since we connected with Monica [Lennon] - and she's been very enthusiastic.

"And I think there's a real sense of Scottishness around it.

"I say this because the pioneering lawyer that I co-founded Stop Ecocide with, Polly Higgins, was from Scotland, so there's a sense of the concept coming home which I think is a strong one.

"Also, of course, Scotland is so known for its absolutely beautiful landscapes and its beautiful nature.

"There's an emotional connection people can make with this law in Scotland.”

Ecocide would be aimed at examples of widespread or long-term damage to ecosystems - covering horrific international incidents there currently is no global law to prosecute.

They could include toxic oil spills in the Amazon, the Fukushima nuclear disaster, mercury poisoning in rivers from gold mining or devastating plastic pollution in our oceans.

But closer to home, she highlighted the example of sewage being dumped in our rivers in huge quantities by water companies - a growing problem in both Scotland and the UK.

We’ve told previously how a shocking 19,000 Olympic swimming pools’ worth of waste was pumped in Scots watercourses last year through sewer overflow pipes.

Mehta said: “If you could be held personally liable for those kinds of actions, it would create a much stronger and more real deterrent for people.”

On oil and gas companies who have spent decades burning fossil fuels - ramping up the world’s carbon emissions - Mehta said the law couldn’t go back in time and punish past activities.

But she said it could potentially be used on new schemes if they get approved - like the massive Rosebank oil field planned off Shetland.

She told the Record: “One can envisage, for example, once the law is in place, that a decision that leads to a new coal mine or a decision that leads to the opening of new fossil fuel projects will potentially have to be really seriously rethought.”

Mehta also hailed the work of her late colleague Higgins in getting the ecocide movement to this point, who tragically died from cancer four years ago, aged 50.

The Glasgow-born lawyer was widely considered one of the most inspirational figures in global green circles, famously quitting a high-powered job and selling her house to dedicate herself to the campaign.

Mehta said it was now up to politicians to continue Scotland’s “history of being a pioneer” - and not to allow discussion over ecocide to descend into “party-political” squabbling.

It comes as Labour MSP Lennon, leading the Holyrood Bill, previously passed world-leading legislation from the backbenches to tackle period poverty.

Mehta said: “Monica has been very out in front about this in a way that is courageous and very globally minded - she's been watching the progress internationally.”

She added: "What you have here is an issue that could really unite people across parties, because when it comes down to it, we may not all be parents but we're all children.

"We can all relate to wanting to have a healthy future.

"And with the level of threat that our environment is facing, we can really relate to that threat and wanting to address it - in a way that is just plain missing in current law."

Lennon said: "It means the world to have the support of Jojo Mehta, who is truly a powerhouse and an inspiration to people around the world.

“As the climate crisis worsens, Scotland needs a stronger deterrent to prevent heinous acts of environmental harm.

“Criminals who are damaging Scotland’s precious natural environment do not fear the law, and that must change.

“In fighting for Scotland’s environment to have the protection it deserves, it’s humbling to carry on the work started by an incredible Scottish woman, the late Polly Higgins.”

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