The adoption of the new Council of Europe Convention on the Protection of the Environment through Criminal Law: A historic step towards environmental justice
April 3, 2023 marked the beginning of a paradigm shift in Europe. The first meeting of the Council of Europe Committee of Experts on the Protection of the Environment through Criminal Law was established and took place. After more than a year of work by experts and stakeholders from the 46 member states of the Council of Europe, together with contributions from the EU, UN, INTERPOL and civil society across Europe, the draft Convention on the Protection of the Environment through Criminal Law was produced on October 9, 2024.
At its first meeting, the Deputy Secretary General of the Council of Europe, Bjørn Berge, stressed that environmental crime had grown at a rate 2 to 3 times that of the global economy, with large profits linked to criminal actions against the environment, being compared to other financial crimes.
After months of negotiation, the new Convention was finally adopted by decision of the Committee of Ministers on May 14, 2025, becoming the first legally binding international instrument on environmental crime. The Treaty underlines that damaging the environment is not only a sign of political inefficiency, but can be considered a criminal act that requires international collaboration and robust legal tools.
This Convention provides a solid legal framework for countries to address serious environmental crimes that have so far been poorly prosecuted or even completely unpunished. In addition, the Convention incorporates a monitoring system to ensure effective implementation and promote accountability.
The purpose of this Treaty is to prevent and combat environmental crime that aggravates the triple global crisis of climate change, pollution and biodiversity loss. It also focuses on the need to promote both national and international cooperation and to establish minimum legal standards to guide States in their national legislation.
The Convention is based on and aligned with multiple international instruments and standards related to environmental protection, human rights and transnational crime, such as the European Convention on Human Rights, the Paris Agreement, CITES and the UNTOC. It recognizes the existence of a triple planetary crisis and its impact on human rights, consistent with the Reykjavik Declaration. It also adopts a broad concept of the environment, which includes natural resources (air, water and soil), ecosystems and their services, as well as wildlife and habitats.
The Convention is made up of 58 articles, of which 26 are substantive criminal law, i.e., it establishes offenses such as:
- Illegal emission of pollutants, such as chemicals, radioactive materials, mercury, or substances that damage the ozone layer.
- Illegal management of hazardous waste
- Unlawful operation or closure of facilities involving hazardous activities or materials
- Illegal recycling of ships and dumping of polluting substances from ships
- Illegal extraction of minerals
- Illegal logging of timber
- Illegal destruction of or trade in wild fauna or flora
- Illegal damage to protected natural habitats
In addition to these offenses, the Convention includes a provision on “particularly serious crimes” which includes those unlawful and intentional acts that may have serious consequences for the environment, such as widespread pollution, major industrial accidents or massive forest fires. It states that such acts may be comparable to “ecocide” – understood as “any unlawful or arbitrary act perpetrated in the knowledge that there is a substantial likelihood of causing serious, widespread or lasting damage to the environment” – already recognized in the laws of certain countries and the subject of discussion in international arenas.
The Convention contemplates specific protections for victims, witnesses and whistleblowers, valuing their fundamental contribution to the effectiveness of judicial processes and treaty implementation. It also places special emphasis, devoting an entire chapter to preventive measures, as they are a key element in the defense of the environment. These actions include, among others, awareness campaigns, and recognize the relevance of civil society and other actors involved in these efforts.
The adoption of this Convention represents a significant step forward in the fight against environmental crime at the international level. By establishing a common and binding legal framework, it strengthens the capacity of States to prevent and punish conduct that threatens the integrity of the environment and, therefore, the health and well-being of present and future generations.
This legal instrument also recognizes the importance of the environment as a fundamental human right, contributing to the construction of a more just and sustainable future for all generations.
From FIBGAR, we have two courses that address key issues at the intersection between human rights and the environment. On the one hand, we offer a free online course on environment and human rights, which explores how environmental degradation affects fundamental rights, and another on business and human rights, which analyzes, among other things, the impact of business activities on the environment and corporate human rights obligations.
Carmen Coleto Martínez, FIBGAR Junior Project Manager
