Protection of the Environment through Criminal Law
The new Council of Europe Convention on the Protection of the Environment through Criminal Law is the first international legally binding instrument to address environmental crime, covering a broad range of criminal acts that aggravate the triple planetary crisis of climate change, pollution and biodiversity loss.
The Convention and its Explanatory Report
The purpose of the Convention is to prevent and combat environmental crime, promote national and international cooperation, and establish minimum legal standards to guide States in their national legislations. The main goal is the promotion and enhancement of the protection of the environment.
The triple planetary crisis of climate change, pollution and biodiversity loss
The Convention is grounded in and aligns with various international treaties and standards related to environmental protection, human rights and transnational crime (e.g., the European Convention on Human Rights, the Paris Agreement, CITES, UNTOC). It recognises the triple planetary crisis, and its impact on human rights, in line with the Reykjavík Declaration. It defines the environment in a broad sense, encompassing natural resources such as air, soil, and water, ecosystems and their services, wild fauna and flora, and habitats.
How does the Convention work?
The Convention has 58 articles, divided into chapters and sections to ensure optimal clarity and readability.
Offences
Substantive criminal law (26 articles) establishes offences including, but not limited to:
- Unlawful pollution (chemical substances, radioactive materials, mercury, ozone-depleting substances, fluorinated greenhouse gases)
- Unlawful management of hazardous waste
- Unlawful operation or closure of installations related to dangerous activities or substances
- Unlawful recycling of ships and ship-source discharges of polluting substances
- Unlawful mining
- Trade in unlawfully harvested timber
- Unlawful destruction or trade in wild fauna or flora
- Unlawful deterioration of protected habitats
Protection
The Convention includes protections for victims, witnesses and whistleblowers, recognising their vital role in effective prosecution and enforcement.
Prevention
A full chapter on prevention measures is also included, reflecting the essential role of prevention in environmental protection. This covers, among other things, awareness-raising campaigns and recognises the important role of civil society and other stakeholders.
Serious offence / Ecocide
A provision on “particularly serious offence” was included, encompassing intentional unlawful conduct that could lead to severe results—e.g., widespread pollution, major industrial accidents or large-scale forest fires. Such offences may be comparable to “ecocide”, already present in the law of some States and discussed in international fora.
Transversal approach
Further provisions aim to develop a transversal approach:
- Strengthening national strategies with adequate resources
- Training professionals
- Creation of specialised judicial and prosecutorial units
- Promoting international co-operation to address environmental crimes across borders
Specific provisions
The Convention contains specific provisions in criminal law on:
- Jurisdiction (national and extraterritorial offences)
- Corporate responsibility
- Sanctions
- Aggravating circumstances (e.g., organised crime, involvement of public officials, substantial financial benefits)
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Timeline
The Committee of Experts on the Protection of the Environment through Criminal Law working under the authority of the Committee of Ministers and the Council of Europe Committee on Crime Problems (CDPC) concluded its work on 9 October 2024, having elaborated both the draft Convention and its Explanatory Report.
The Convention is expected to enter into force upon ten ratifications, including at least eight by member States of the Council of Europe. It is open for signature by Council of Europe member States, non-member States that participated in the drafting process, and the European Union. Other non-member States may be invited to accede after the Convention enters into force.
(done)3 April 2023
Set up and first meeting of the Committee of Experts on the Protection of the Environment through Criminal Law (PC-ENV)
(done)9 October 2024
Finalisation of the draft Convention on the Protection of the Environment through Criminal Law by the PC-ENV
(done)14 May 2025
Adoption of the new Convention by the Committee of Ministers
(done)3 December 2025
Opening for signature in the margins of the GME plenary meeting
Who was involved?
Under the authority of the Committee of Ministers and the Council of Europe Committee on Crime Problems (CDPC), the Committee of Experts on the Protection of the Environment through Criminal Law (PC-ENV) was entrusted with drafting the new Convention.
The PC-ENV was composed of experts on environmental crime, including representatives appointed by member States, by observer States and by other bodies and sectors of the Council of Europe, in particular related intergovernmental committees, the Parliamentary Assembly, the office of the Commissioner on Human Rights and the European Court of Human Rights. Relevant international and supranational organisations were also actively engaged, especially the European Union, but also the UN, INTERPOL, Non-governmental organisations such as the Global Initiative to End Wildlife Crime, Wild Legal and Wildlife Justice Commission contributed with their expertise/or provided valuable contributions.
Reykjavík process and the environment