Trends in Climate & Legal Action
June 6, 2025
Climate change is not only a scientific or political issue, it has become an important - perhaps the most important - legal issue. With rising damages and increasing numbers of disasters worldwide, the economic effects and legal consequences of the climate crisis are accelerating. We now need our legal systems to force us down the right path – against legacy energies and towards restoration and survival.
Introduction
As of March 2025, 18 national governments and the EU have declared a climate emergency, with climate emergencies now declared in some 2,366 jurisdictions and local governments. See also the Cedamia world map and the full CED data sheet.
As climate impacts grow more severe and widespread, legal systems around the world are responding with unprecedented urgency and innovation. The last year has seen a significant shift in how the law approaches environmental harm, climate justice and ecological protection.
1. Ecocide Laws: Criminalising Environmental Destruction
The global movement to criminalise ecocide (deliberate severe and widespread environmental damage) is gaining greater traction. The movement seeks to make large-scale and systematic environmental destruction, such as deforestation and the destruction of biodiversity, an international crimes.
NGOs are working to have ecocide recognised as a fifth international crime which can be prosecuted before the ICC (International Criminal Court). In February 2024, the Office of the Prosecutor of the ICC launched a public consultation to further develop the ICC’s jurisdiction concerning environmental crimes under the Rome Statute. The Stop Ecocide Foundation, along with several states, is working toward amending the Rome Statute to include ecocide as a crime against humanity. The ICC can prosecute crimes in the 125 countries that are parties to the ICC, although importantly, it has no jurisdiction for crimes in the US, China, India and Russia. However, the heads of multi-national corporations could be tried for perpetrating ecocide in places that are party to the Court. Precedent has already been set in prosecuting crimes of genocide.
The EU has become the first international body to effectively integrate the concept of ecocide in its new directive on the protection of the environment through criminal law,, adopted in March 2024. The Directive sets out minimum standards and (increased) penalties for a list of environmental offences. Although not described as ‘ecocide’, the offences can constitute a ‘qualified offence’ when they are committed intentionally and cause destruction or widespread and substantial damage which is long-lasting to ecosystems, habitats or the quality of air, soil or water.