The Guidelines define the terms “compliance,” “environmental law violation,” and “environmental crime” to facilitate understanding of their use in this chapter. “Compliance” is defined differently in this Chapter than it is in the Compliance Chapter of the Guidelines, to underscore the importance that enforcement plays (e.g., through conditions such as permits, licenses, and authorisations) in implementing environmental law. The term “environmental law violation” is defined as the contravention of environmental laws implementing MEAs, and “environmental crimes” are violations of environmental laws that are subject to criminal penalties. Many States have environmental laws in addition to those that implement MEAs. Many of the matters discussed in this Manual are equally applicable to this wider body of environmental laws, but these Guidelines and the Manual focus specifically on MEAs.
Environmental Crime
Environmental crime, or the imposition of criminal penalties for environmental violations, is a relatively new concept. Currently, the norms vary from State to State, with some States relying more on criminal sanctions, while other States rely more on civil or administrative sanctions to environmental offences. In many States, an element of intent (“mens rea”) is necessary to establish a criminal violation of law.
Over the past few decades, the international community has come to recognise that some environmental violations so severely threaten the well-being of people and the environment that these violations should carry with them harsh consequences. In these instances, criminal sanctions are encouraged, but generally not mandated. Given the significant sanctions that may be imposed for criminal violations (including imprisonment), a Government may be required by its Constitution or other law to meet a higher standard of proof and to offer certain procedural rights to criminal defendants.