BP Deepwater Horizon ecocide

22/04/10: This morning’s news that the BP oil rig has collapsed is a tragedy for both people and planet. 11 workers are feared dead whilst the sinking of the Deepwater Horizon, located 50 miles away from the Louisiana coast, could release more than 1,135,600 litres of crude oil a day into the water.  Such is the enormity of the incident both in terms of actual and potential human impact and damage to the environment, it can be classed as ecocide. Applying international war crime laws, this would be categorised as a War Crime: stretching over 200 kilometers, causing damage to the environment which will last more than a season and severely impacting both human and natural resources and assets ironically during peace time no-one is accountable. The gap that needs to be filled here is a legislative one. Under the recent proposal for a new international criminal law of ecocide, BP would be liable to prosecution for the extensive “damage, destruction to or loss of ecosystems”.

When implemented , the international crime of ecocide will legally bind corporations such as BP to take full responsibility for the damage, destruction to or loss of ecosystems caused by their activities. Where a large oil spill causes large, long term or severe ecosystem destruction, ecocide prosecution will attract imprisonment of the CEO and liability for restorative justice.  Such a law will deter and act as a strong incentive to halt all such potentially damaging projects. However, the law of ecocide is not yet in place, and so the burden of eco-responsibility does not yet exist.

Oil companies use Reference Scenarios.  BP announced on the 13th of April at their AGM that they support the belief that world energy demand will increase to 40% by 2030 and fossil fuel from their company and others like them will provide 80% of that energy. If this scenario is to be believed (which BP do) then it suggests that no laws will be put in place to stop the ecocide. BP, in their commitment to this scenario, is in effect signing a death warrant for the Earth and all of humanity.

Yesterday’s explosion of BP’s flagship offshore project may just provide an opportunity for BP to re-consider and look to a different scenario, one where the crime of ecocide is enshrined in law.