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Hopes Scotland can become first to make environmental destruction a crime [dailyrecord.co.uk]:

News [dailyrecord.co.uk]Scotland could be first county to make environmental destruction a crime under 'ecocide' laws proposed by MSP Invalid EmailSomething went wrong, please try again later.SubscribeWe use your sign-up to provide content in ways you've consented to and to improve our understanding of you. This may include adverts from us and 3rd parties based on our understanding. You can unsubscribe at any time.More info [dailyrecord.co.uk]Thank you for subscribingWe have more newslettersShow me [dailyrecord.co.uk]See ourprivacy notice [dailyrecord.co.uk]

Scotland could become the first country in the world to make environmental [dailyrecord.co.uk] destruction a crime under groundbreaking “ecocide” laws being proposed by an MSP.

Glasgow will host world leaders at the COP26 climate change [dailyrecord.co.uk] conference in November in the wake of a stark UN warning that global warming now poses a “code red for humanity”.

And Labour’s Monica Lennon has now challenged First Ministe r Nicola Sturgeon [dailyrecord.co.uk] to place her government at the forefront of the fightback.

That would mean supporting legislation to outlaw new projects like the controversial Cambo oil field off Shetland on the grounds that it will cause severe long-term damage to the planet.

In June, a team of international lawyers drew up a historic definition of ecocide, which they now want to be adopted by the International Criminal Court (ICC) to prosecute the worst environmental crimes.

They called it “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused by those acts”.

Lennon, Labour’s spokeswoman on net zero, energy and transport, said: “In a matter of weeks Scotland will take centre stage at the UN climate change summit in Glasgow. We will never have another opportunity like this to influence radical change and give our planet the best protection from climate catastrophe.

“Scotland has a rare opportunity to get ahead of the curve and commit to bold, ambitious laws that draw international attention.

“Falling short on climate action is not an option. That’s why earlier this summer I lodged a motion at Holyrood to get MSPs thinking about a potential game-changer – an ecocide law.

“Now we must move beyond talking about it and find a way to deliver.”

The concept of ecocide was pioneered by the late Scottish barrister Polly Higgins, who became one of the most celebrated figures of the international green movement when she gave up a successful law career to lobby the UN to introduce internationally-binding ecocide rules in 2010.

She lost her life to cancer two years ago at the age of 50 without seeing that dream become a reality but the principle has gained international traction as the environmental crisis deepens.

French president Emmanuel Macron has championed the idea and his country is considering proposals.

Sweden has previously backed the idea and several small island nations, including the Maldives, called for “serious consideration” in 2019.

It is hoped that if ecocide is accepted by ICC member states, it would become a fifth offence the court prosecutes alongside war crimes, crimes against humanity, genocide and the crime of aggression.

Lennon added: “Two years after the visionary Polly Higgins’ death, we now have an agreed legal definition of ecocide as a potential fifth international crime, putting environmental destruction on a par with genocide and war crimes.

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“If adopted, the draft law would mean individuals could be prosecuted in the ICC for causing widespread or long-term damage to the environment.

“Polly acknowledged an important fact – that corporations responsible for large-scale environmental destruction are simply too comfortable paying the enormous fines that governments currently use to punish them.”

Scotland’s role in the fight against global warming came into sharp focus last week when Sturgeon was cornered by school kids demanding she oppose the UK ­Government granting a licence to drill for oil at the new Cambo oil fields.

On Thursday she wrote to PM Boris Johnson urging him to “reassess” the North Atlantic development but she did not ­explicitly demand its termination.

The issue is problematic for the SNP as a major plank of its independence argument is that Scotland could build up a sovereign wealth fund like Norway by exploiting its oil reserves.

Lennon added: “Those who are continuing Polly’s work want the ICC to recognise ecocide as a crime against humanity.

"They have named oil spills, plastic pollution, industrial livestock farming and large-scale deforestation as examples.

"I believe the proposals for a new oil field would be another example of ecocide – that’s why we must stop Cambo.”

But trade unions have voiced concerns that draconian measures could destroy jobs. Lennon added: “No one is calling for the oil and gas sector to pack up and leaveworkers on the scrapheap – the Stop Ecocide Foundation has been clear – the transition can’t destroy people’s lives.

“In under 100 days the world descends on Glasgow for COP26 and Scotland will be uniquely placed to set the bar on the environmental debate. We must do something that really matters.”

But a Conservative MSP has demanded the Scottish Government backs drilling at Cambo. It comes after SNP MP Tommy Sheppard declared his opposition to a licence being granted for the project.

His party’s net zero spokesman Liam Kerr said: “Nicola Sturgeon has already put her nationalist
alliance with the Greens ahead of standing up for jobs in Scotland’s oil and gas industry.

"Now a senior SNP MP has said the development at Cambo shouldn’t go ahead.

"Thousands of jobs could be created.”

Scottish Greens environment spokesman Mark Ruskell said: “Introducing a new criminal offence of ecocide is a long-held discussion in the green movement.

"We are in a climate and nature emergency which needs to be recognised in law, not just in the UK but also by the ICC.”

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The Scottish Government said: “We note the recent calls for the ICC to recognise the destruction of nature, ecocide, as an international crime.

“We’ve put in place arrangements to establish Environmental Standards Scotland as the new governance body which has the ability to keep under review the implementation of international obligations relating to environmental protection legislation.”

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