Investigating Environmental Crimes: A Look at the Challenges and Successes
Environmental crimes, such as illegal mining, deforestation, and wildlife trafficking, are becoming increasingly prevalent and pose a significant threat to the health of our planet. Green criminology, a field of study that focuses on environmental and climate-related criminal behavior, is working to address these issues and bring perpetrators to justice. A recent conference, "Green Crimes & Ecojustice," held at Utrecht University, brought together experts from around the world to discuss the challenges and successes in investigating and prosecuting environmental crimes.
The Lack of Clear Legislation and International Guidelines
One of the key challenges in addressing environmental crimes is the lack of clear legislation and international guidelines. Ecocide, the collective term for actions that risk serious and often long-term damage to the environment, does not yet have a separate criminal law. This makes it difficult to prosecute individuals and companies that engage in environmentally harmful activities. However, there are efforts underway to establish "green justice" and hold perpetrators accountable for their actions.
Nigel South, a British Emeritus Professor of Sociology at the University of Essex and keynote speaker at the conference, argues that it is essential to continue advocating for green justice, even in the face of challenges. "I am a realist, and I also understand that it is difficult to set up and implement such legislation, for example, in countries that cause a lot of damage but do not recognize the International Criminal Court. Nevertheless, we must continue to advocate for it, if only because new topics are rapidly emerging that touch on the subject of ecocide, both on land and at sea."
The Complexity of Environmental Crimes
Another challenge in addressing environmental crimes is the complexity of the issues involved. Environmental crimes often involve multiple countries, companies, and individuals, making it difficult to track and prosecute. Additionally, many environmental crimes are not intentional, but rather arise from ignorance or "strategic ignorance," where companies pretend not to know the rules. As individuals, we ourselves are often in denial in our daily lives, not thinking about the consequences of our actions, such as buying a new phone.
Successes in Investigating and Prosecuting Environmental Crimes
Despite these challenges, there have been successes in investigating and prosecuting environmental crimes. For example, in 2015, the climate lawsuit that Urgenda filed against the Dutch state was won, and in 2021, Milieudefensie successfully sued Shell. These cases demonstrate that green criminology is increasingly on the agenda and that perpetrators can be held accountable for their actions.
The Importance of Interdisciplinary Research and Dialogue
The conference also highlighted the importance of interdisciplinary research and dialogue in addressing environmental crimes. The presentations ranged across environmental markets, eco-centric laws, greenwashing, ecocide, organized environmental crime groups, and African climate migrants. Researchers and practitioners from around the globe shared their findings and recommendations, emphasizing the need to bring together diverse ideas and approaches to understand and respond to environmental challenges.
The Need for an Eco-Centric Approach
One of the key takeaways from the conference was the need for a more eco-centric approach to addressing environmental crimes. This approach recognizes the intrinsic value of the environment and the need to protect it, rather than just focusing on human interests. As Daan van Uhm, associate professor at Utrecht University and organizer of the conference, notes, "Many environmental issues are also subject to criminalization: what used to go unpunished is now sometimes seen as a crime. Take the illegal trade in exotic animals. For a long time, it was largely ignored. At most, a symbolic fine was handed out now and then, but for the animal itself, 'a fine' does not repair any harm done to the animal or ecosystem."
The Role of Corruption in Environmental Crimes
Corruption plays a significant role in enabling environmental crimes. The Environmental Investigation Agency (EIA) has spent decades investigating environmental crimes, including the role of illicit financial flows in facilitating the trade in endangered and protected species. It has become increasingly evident that corruption is a major obstacle in the fight against environmental crimes.
A 2019 World Bank report estimated that the true economic impact of illegal logging, fishing, and wildlife trade could be in excess of $1 trillion. The corruption associated with these crimes not only has a detrimental impact on governance and weakens the rule of law but also damages the environment, including habitat destruction and biodiversity loss. This, in turn, reduces our ability to meet several of the UN Sustainable Development Goals.
The Importance of International Cooperation
The international community has increasingly recognized the relationship between environmental crime and corruption in multiple international forums. The EIA has been a long-time advocate for greater action on this matter and has published reports highlighting the connections between corruption and environmental crime. The organization repeated its call for action at the recent Conference of the States Parties to the UN Convention against Corruption, which was attended by over 2,000 people from more than 150 countries.
The Role of Banks in Stopping Environmental Crimes
Banks can play a crucial role in stopping environmental crimes. While it may seem far-fetched to claim that banks can play a part in saving the world, it is exactly what they can and must do. The organizations they run have a responsibility to stop people from benefitting economically from environmental crimes, such as over-fishing, deforestation, and other ventures that threaten ecosystems, decrease biodiversity, and increase carbon dioxide in the atmosphere.
There are three factors driving this. Firstly, it is the right thing to do from an ethical perspective. Banks cannot idly stand by when the COP26 clearly stated that global economies need to adapt to protect communities and natural habitats. Secondly, consumers now demand action. What's more, they're willing to pay for it. About 60 percent of people will pay more for sustainable banking in the US, UK, and Germany. But perhaps most compellingly, the banking rules have changed. It's no longer just the ethical thing to do, but a legal requirement.
The Need for Greater Transparency and Accountability
Stronger action needs to be taken to ensure greater accountability and transparency, for which more robust measures need to be put in place. Initially, this would involve safeguarding the role of civil society, whistle-blowers, and the media in reporting on and uncovering corruption. Governments need to strengthen laws and procedures to tackle the corruption linked to environmental crime, as well as complying with their international obligations. This includes increasing use of anti-corruption laws at a national level and improving the public availability of information with regards to beneficial ownership registers and company registers.
Conclusion
Investigating environmental crimes is a complex and challenging task, but it is essential for protecting the health of our planet. The "Green Crimes & Ecojustice" conference highlighted the need for clear legislation, international guidelines, and an eco-centric approach to addressing environmental crimes. It also emphasized the importance of interdisciplinary research and dialogue, as well as recognizing the historical context of environmental crimes. While there have been successes in investigating and prosecuting environmental crimes, there is still much work to be done to address the scale and complexity of these issues.
As we move forward, it is essential that we prioritize the fight against environmental crimes and corruption. We must work together to establish a more just and sustainable world, where the environment is protected and preserved for future generations. The clock is ticking, and it is up to us to take action.
References
- "Green Crimes & Ecojustice" conference, Utrecht University
- Environmental Investigation Agency (EIA)
- World Bank report, 2019
- Conference of the States Parties to the UN Convention against Corruption
- COP26
- Qwillery, www.qwillery.com