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New Publication Examines Ecocide Concept for Marine Environments – Focus on Bottom Trawling

Academic article analyses whether 'ecocide' could serve as legal mechanism to address gravest environmental crimes against the ocean.

PRESS RELEASE – 8. January 2025

New Publication Examines Ecocide Concept for Marine Environments – Focus on Bottom Trawling

  • Bottom trawling causes severe, widespread, and long-term destruction of marine ecosystems.
  • Growing number of countries recognise ecocide in national legislation, signalling momentum for stronger environmental accountability.
  • Marine ecocide requires distinct consideration, especially in terms of legal, scientific, and policy approaches, the authors of a newly published scientific article argue.

A new academic analysis published in The International Journal of Marine and Coastal Law explores whether the concept of ‘ecocide’ could provide a viable legal mechanism to address the gravest crimes against the marine environment. The article, co-authored by Dr. Johannes Müller, Ocean Policy Advisor at OceanCare, pays particular attention to bottom trawling as a case study of severe environmental destruction.

Dr. Johannes Müller, co-author of the article, concluded:

“Our analysis shows that while improving implementation of existing frameworks is crucial, we need to consider new legal tools to address the most serious environmental crimes at sea. The marine environment poses unique challenges for establishing environmental accountability. Scientific assessments indicate that certain activities can cause severe, widespread, and potentially irreversible damage to marine ecosystems.”

The publication comes as several countries, including Belgium and France, have incorporated ecocide into their national legislation, indicating growing recognition of the need for stronger legal frameworks to protect the environment.

Nicolas Entrup , Director of International Relations at OceanCare, added:

“This new study significantly advances the discussion on how criminal law can address severe environmental destruction. Bottom trawling exemplifies the kind of destructive practice that demands urgent attention. As documented in OceanCare's recent comprehensive report ‘The Trawl Supremacy’, this fishing method not only devastates seafloor habitats but also exacerbates the climate crisis by releasing carbon stored in marine sediments and its fuel intensity. The evidence of widespread, severe, and long-lasting damage is overwhelming. This raises crucial questions of accountability: should fishing operators be held responsible, the authorities who permit it, or both?”

OceanCare supports the recognition of ecocide as a fifth crime under the Rome Statute of the International Criminal Court, viewing it as a crucial step toward environmental justice. While this article's analysis of marine environmental destruction provides valuable insights into what activities might qualify as ecocide, OceanCare emphasises that the findings underscore the urgent need for stronger legal frameworks to protect our oceans for future generations.

Furthermore, within the initiative Because Our Planet Is Blue, OceanCare calls for a ban on bottom trawling, at the very least within marine protected areas, among other measures to protect ocean health. The campaign emphasises the urgent need to end destructive fishing practices and establish stronger protection for marine ecosystems and calls on governments to adopt such policies at the United Nations Oceans Conference which will take place in June 2025 in Nice, France.

ENDS

Media contact

Notes to editors

Ecocide and Marine Environmental Protection

The concept of ecocide refers to unlawful or wanton acts that cause severe and either widespread or long-term damage to the environment. In 2021, an Independent Expert Panel proposed including ecocide as a fifth crime under the Rome Statute of the International Criminal Court, alongside genocide, crimes against humanity, war crimes, and crimes of aggression.

Several countries have already incorporated ecocide into their national legislation. Belgium's revised Criminal Code, which came into effect in February 2024, defines ecocide as deliberately committing unlawful actions causing serious, widespread, and long-term damage to the environment. France's Climate and Resilience Act of 2021 similarly recognises ecocide for actions causing serious and lasting damage to ecosystems.

Bottom Trawling as a Case Study

Bottom trawling, which involves dragging weighted nets across the seafloor, is responsible for 26% of marine fisheries catch globally. Scientific assessments show that this practice causes severe damage to marine habitats, particularly in deep-sea environments. The impacts include:

  • Physical destruction of seafloor habitats, including vulnerable deep-sea corals and seagrass beds
  • Little to no regeneration of damaged areas even after 15-20 years
  • Release of stored carbon from marine sediments, contributing to climate change
  • Depletion of fish populations and destruction of essential marine habitats

Recent global scientific assessments underscore that bottom trawling meets key criteria for consideration as ecocide due to its severe, widespread, and long-term impacts on marine ecosystems, making it a crucial case study for examining how ecocide legislation might be applied in a marine context.

OceanCare Report: “The Trawl Supremacy”

The recent OceanCare report, entitled “The Trawl Supremacy: Hegemony of Destructive Bottom Trawl Fisheries and Some of the Management Solutions”, provides an in-depth analysis of the harmful impacts of bottom trawling on marine life and habitats. The report summarises scientific research showing that bottom trawling depletes biodiversity, reduces the complexity of seabed ecosystems and even exacerbates climate change by releasing carbon stored in marine sediments. The report underlines the need for immediate action at EU and global level to protect our ocean and ensure sustainable fisheries.

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About OceanCare

OceanCare is an international marine conservation non-governmental organisation, founded in Switzerland in 1989. The organisation pursues the protection and restoration of the marine environment and marine wildlife with a strong policy focus, combining research, conservation projects and education. OceanCare’s remit includes marine pollution, climate change, marine mammal hunting and the environmental consequences of fisheries. Its work is supported by a team of scientific, legal and policy experts, and involves strategic collaboration with civil society organisations and coalitions around the world. OceanCare is an officially accredited partner and observer to several UN conventions and other international fora.  www.oceancare.org

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OceanCare
Dániel Fehér, Head of Press
Gerbestrasse 6
CH-8820 Waedenswil - Switzerland
+49 176 81434026 
dfeher@oceancare.org
www.oceancare.org

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