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Chapter 8. Ecocide in the European sphere The programme of the newly formed Belgian government includes the explicit objective of recognising ecocide at both national and international levels°* and has made efforts to make ecocide legislation a reality." In 2023, Belgium became the first state in Europe to recognise the crime of ecocide at national and international levels as the new Penal Code was accepted. The punishment for individuals may include up to 20 years in prison, and corporations could face fines of up to 1.6 million euros. The new crime of ecocide is aimed to prevent and punish the most severe cases of environmental degradation, such as extensive oil spills, and is applicable to individuals in the highest positions of decision-making power and to corporations.” Luxembourg has the second-largest ecological footprint in the world, so adapting environmental standards is very important.°*” In February 2021, MEPs Gusty Graas and Max Hahn framed a question in Parliament on the possible adoption of ecocide. In their replies, the Ministers for Foreign Affairs and Foreign Trade, Jean Asselborn, and the Minister responsible at the time for the Environment, Climate Action and Sustainable Development, Carole Dieschbourg, explained that Luxembourg had already increased the fines and prison sentences for environmental offences. Although they do not yet recognise ecocide in their legislation, this may be possible in the future. The two ministers said that a clear definition of the term should be agreed first and that the positions and practices of neighbouring countries as well as the EU should be carefully examined. Other European countries are still at the beginning of the legislative procedures, in their efforts to incorporate ecocide into national law. In December 2020, the Dutch Party for the Animals submitted a parliamentary proposal entitled “Ecocide: the missing crime against peace.” The initiative also aims to integrate ecocide into Dutch law and promote 546 Rapport des formateurs — Verslag van de formateurs — Paul Magnette & Alexander De Croo — 30/09/2020 79 para 5. 547 Proposition de résolution visant à inclure le crime d’écocide dans le Statut de Rome de la Cour pénale internationale et le droit pénal belge. Document parlementaire 55K1429. 548 Bill introducing Book II of the Penal Code [Wetsontwerp tot invoering van boek II van het Strafwetboek.] 2024. Available at: https://www.dekamer.be/FLWB/ PDF/55/3518/55K3518001.pdf. 5 About ecological footprint See World Overshoot Day available at: https://www.overshootday.org/. A Röle des affaires Question écrite n° 3422 - Sujet: Reconnaissance de l’écocide Available at: https://chd.lu/wps/portal/public/Accueil/TravailA LaChambre/Recherche/ RoleDesA ffaires?action=doQuestpaDetails&id=20476. 550 175
