Zahoor Ur Rehman Kashif

The complex nature of climate‑change knowledge has become increasingly hard to access for various reasons. On the ground, many communities perceive climate change mainly as extreme weather events, without understanding the broader factors that have made our world a heated topic of debate. Surprisingly, even professionals—including development practitioners (including myself), academics, environmentalists, bureaucrats, and climate scholars—often struggle to keep up. It’s not due to a lack of willingness to stay informed, but rather the rapid evolution of the subject: new research, data, jargon, technical terms, and practices emerge constantly, making the field difficult to consume. Every other day, something new is added to the climate spectrum. It is like “building a bridge over the bridge,” which would never be accomplished.

“The very nature of climate knowledge acts more like the climate itself—and, surprise, humanity is at fault for both the storm and the forecast!” We are being cornered by climate change, and it has been done rightly so… because we, the civilized human beings, once cornered climate change.

Let’s get back to the point. While reviewing literature on peace and conflict, I came across the term “climate crime,” and I realized—as a Rotary Fellow—why had I never heard of it before? I decided to decode the term “climate crime,” and the advocate within me sprang awake, inspiring me to take the matter into my own hands.

After reviewing online literature and articles, I found out that the term was first coined in 1970, and to date, not much has been done about climate crimes. I observed many other synonyms such as Ecocide and Green Criminology. Almost all the terms framed in this context denounce morally blameworthy behaviors related to acts that contribute to climate change.

I couldn’t contextualize the research and publications within Pakistan. However, I was able to identify the following areas where climate‑related crimes most frequently occur in the country. The intersection of climate crimes also contributes to communal‑level conflicts that are rarely documented—and it is difficult to find and consolidate information on both climate crimes and related disputes. The very simple breakup in Pakistan could be:

• Climate‑Induced Human Migration & Exploitation
• Deforestation
• Irrigation Water Theft
• Illegal Mining and Land Degradation
• Industrial Pollution and Waste Dumping
• Illegal Housing Schemes
• Wildlife Trafficking and Biodiversity Crime
• Timber Mafia and Transnational Smuggling
• The Sand Mafia and Riverbed Mining
• Carbon Credit Fraud and “Greenwashing”
• Cross-Border “Atmospheric Crimes” (Transboundary Pollution)
• Fraud & Corruption in Aid/Subsidies

Ecocide—a term describing extreme environmental harm—is considered tantamount to a crime against humanity, even genocide. While the West is moving toward criminalizing ecocide, many countries, advocacy groups, think tanks, and climate advocates are calling for an end to impunity for environmental crimes. Our judicial system doesn’t prioritize these offences under the category of crimes against humanity.

Read: Pakistan’s Legal Framework for Environmental Protection 

Ecocide is gaining recognition in legal and moral frameworks of climate governance. The Rome Statute of the International Criminal Court currently recognizes environmental destruction only during war or conflict—and never as a stand-alone case under ecocide. Although the relevant provision exists in Article 8(2)(b)(iv), no single case has been prosecuted under it—largely because of its exceptionally high evidentiary threshold.

In June 2021, an Independent Expert Panel convened by Stop Ecocide International proposed an ecocide definition designed for inclusion in the Rome Statute: “Unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment…” The Stop Ecocide Foundation is a charitable fundraising and commissioning body, operating in close partnership with the global advocacy non-profit organization Stop Ecocide International towards shared objectives:

• To have ecocide recognized as an international crime at the International Criminal Court (ICC) in The Hague;
• To have ecocide recognized as a crime at the national and regional level and monitor the effective implementation of all legislation that criminalizes ecocide;
• To carry out all further actions that are related to or may be conducive to the above in the broadest sense (Stop Ecocide International and Stop Ecocide Foundation – Ecocide Law).

What are the challenges in Pakistan?

We have laws: No enforcement – missing funding, coordination breakdowns.

We try to act: Insufficient staff, weak capacity, political interference.

We get resources: Implementation & response is delayed; bureaucratic slowdown and limited political will.

On the global stage, many governments and countries are establishing green courts, green benches, green tribunals, and environmental courts. Pakistan’s environmental governance often resembles a tragicomedy where robust laws, like the Pakistan Environmental Protection Act 1997 and the Climate Change Act 2017 and the recent policies and other frameworks, remain largely unenforced due to underfunded agencies, staffing shortages, and political interference.

Prosecutions for environmental offences are rare, as courts struggle with procedural delays, evidentiary challenges, and a lack of judges specialized in ecological matters. Eighteenth Amendment devolved environmental responsibilities to the provinces but led to fragmented authority, inconsistent standards, and infrequently convened councils that undermine cohesive enforcement. Proposals for specialized green courts argue that such bodies could ensure compliance, expedite public interest petitions on climate disasters, deforestation, biodiversity loss, and water disputes, and deliver science-informed judgments through expert panels.

Yet, jurisdictional confusion persists as citizens file overlapping claims in civil courts—seeking broader constitutional relief and binding precedents—while environmental tribunals, though intended for statutory offences, lack the reach and hierarchical authority of High Court decisions. With only a handful of tribunals statewide, many litigants default to civil courts for accessibility, but these forums are overburdened by over two million pending cases, causing parallel litigation and delayed resolutions that often contradict tribunal orders. Clarifying jurisdictional lines, expanding regional environmental tribunals equipped with technical expertise, and harmonizing procedures between civil courts and specialized forums are critical steps toward turning Pakistan’s climate litigation from an episodic farce into a mechanism for tangible environmental justice.

The Tribunals rely heavily on the provincial Environmental Protection Agencies (EPAs) to investigate violations and file complaints. Because the EPAs themselves are chronically underfunded, understaffed, and subject to political interference, very few solid cases ever make it to the Tribunals for prosecution. So, while the infrastructure exists legally, the jurisdictional overlap with civil courts and a lack of decentralized branches mean that they currently function more as an isolated legal afterthought than a robust shield for environmental justice.

Environmental Tribunals were first created under Section 20 of the Pakistan Environmental Protection Act (PEPA) 1997. Following the 18th Amendment in 2010, when environmental matters were devolved to the provinces, each province adopted its own version of the law (such as the Khyber Pakhtunkhwa Environmental Protection Act or the Punjab Environmental Protection Act). These laws maintained the provision to establish specialized provincial Environmental Tribunals.

Recognizing ecocide on the global stage is a vital step, but for Pakistan, the fight begins at home. We cannot confront the existential threat of climate change with a legal framework that remains trapped in a bureaucratic tragicomedy. Turning the tide against climate crimes requires more than just passing robust legislation on paper; it demands the political will to fund our environmental agencies, clear jurisdictional lines, and empower specialized green courts. True environmental justice will not be achieved through episodic legal battles, but through a unified, accessible, and scientifically equipped judicial system that treats crimes against nature with the same urgency as crimes against humanity. The clock is ticking, and our landscapes can no longer afford our delays.

Read: Water Scarcity Threatens Future Humanity

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Zahoor Ur Rehman Kashif has over 20 years of experience as a social and development practitioner. Contact: Zahoor.kashif@gmail.com.

The post Climate Crimes, Ecocide, and Pakistan’s Legal Maze first appeared on Sindh Courier.