Getting Hold of a Barely Illegal Concept: The Legal and Normative Basis for the EU-wide Criminalisation of Ecocide

Abstract This article explores the legal and normative legitimacy of an EU-wide qualified crime of ecocide in the renewed Environmental Crime Directive (2024 ECD). Such a crime is premised on developments on both international as well as EU Member State level. It however appears that these developments are in a rather embryonic stage and that existing ecocide definitions in EU Member States show varying disparities .The 2024 ECD displays a contrived understanding of EU-wide ecocide as a qualified environmental offence. Nonetheless, in combination with its relatively autonomous nature, its criminalisation at EU level can still be considered groundbreaking, as it postulates the environment as a protected interest in the criminal law of EU Member States. This article argues that EU-wide ecocide enters the supranational realm under the guise of effectivity, although it is symbolism that reigns supreme. In addition, it conflicts with several normative principles. EU-wide ecocide is thus shaking on its legal and normative foundations. This has fundamental implications for the implementation of ecocide in the criminal law of EU Member States.