Environmental crime
The term environmental crime denotes illegal acts that violate norms that serve to protect the environment in the broader sense. Environmental crime is therefore directed against legally protected environmental goods.
This term has two aspects:
- an ethical and philosophical basis: the duty to protect one's surroundings and the environment. Everyone would be responsible for it, based on a moral, ethical, and general principle, because the environment is an irreplaceable common good and vital for everyone.
- a legal basis (rather pragmatic): a crime against the environment is seen as a violation of the law and is therefore punished. One speaks of “crimes against the environment” or “environmental crimes”.
International bodies such as G8 , EU , Interpol and the United Nations Environment Program have recognized the following environmental crimes:
- Illegal trade in endangered animal and plant species that violates the Washington Convention of 1973;
- Smuggling substances that deplete the ozone layer , in violation of the Montreal Protocol of 1987;
- Disposal of and illicit trade in hazardous waste , which against the Basel Convention in violation of 1989;
- Illegal fishing in violation of international fisheries agreements and other controls imposed by regional fisheries regulating organizations;
- Illegal logging and the associated trade in stolen timber , which is against national law.
Manifestations
Typical manifestations of environmental crime are the pollution of water, soil and air, the release of radiation and poisons, improper handling of waste and hazardous substances or the endangerment of areas in need of protection.
The spectrum of actions that are counted as environmental crime ranges from the trivial area (throwing away a beverage can in a nature reserve) to extensive, even irreparable damage (contamination of the drinking water of a region, contamination of entire areas by atomic radiation).
Combating environmental crime
The state is pursuing the manifestations of environmental crime in Germany with the help of criminal law , environmental criminal law and administrative offense law.
For a long time, criminal law provisions aimed at protecting the environment were not part of core criminal law , but were scattered across secondary criminal law .
This situation only changed in 1980 with the first law to combat environmental crime (UKG). Since then, important provisions of environmental criminal law have been part of the Criminal Code (section "Offenses against the environment", §§ 324 ff. StGB) and are thus classified as criminal .
In the run-up to the commission of environmentally harmful acts, environmental (administrative) law applies . This regulates how which environmental goods (soil, air, etc.) may be handled, what type of use and what level of pollution are permitted, which require a permit and which are excluded.
When it comes to discovering and prosecuting environmental crime, other actors also play an important role, since many environmental crimes are not (immediately) noticed and complete control by the state cannot be implemented.
Many cases of environmental crime only come to light through dedicated and persistent research by journalists, especially when it comes to offenses committed by commercial enterprises, but also in the case of irregularities in the administration.
The commitment of various actors in civil society is just as important . Not only NGOs like Greenpeace ensure that environmental crime is recognized, denounced and prosecuted. Also, citizens' groups and other self-organized groups, particularly at the local level bring environmental crimes to the public.
See also
Individual evidence
- ↑ Banks, D., Davies, C., Gosling, J., Newman, J., Rice, M., Wadley, J., Walravens, F. (2008) Environmental Crime. A threat to our future. Environmental Investigation Agency pdf
literature
- Katharina Saar: The discovery and definition of environmental crimes by the police in the new federal states. ISBN 3-936749-40-X
- Peter H. Kemp: Combating environmental crime. Right ethnological perspectives. Norderstedt 2016, ISBN 978-3-7392-1972-1
