A quiet revolution has taken place in international law, one that could reshape how nations like Ghana protect their natural heritage and hold polluters accountable. On December 1, 2025, the Prosecutor of the International Criminal Court released the Policy on Addressing Environmental Damage Through the Rome Statute (ICC OTP, 2025).

In clear legal terms, the Policy establishes that severe environmental destruction may now constitute crimes under international law, including crimes against humanity and war crimes.

This development marks a historic shift. For the first time, the ICC, a court established to prosecute the crime of genocide, crimes against humanity, war crimes, and the crime of aggression, has formally recognized that environmental harm can reach the threshold of the “most serious crimes of concern to the international community” (ICC Policy, para 1).

This is not merely about regulatory fines or civil penalties; it is about individual criminal responsibility for acts that devastate ecosystems and human communities alike.

Ghana’s Progressive Leadership in Environmental Justice

It is both timely and commendable that Ghana’s leadership has already taken significant and proactive steps to strengthen our national capacity to address environmental crimes. In October 2025, H. E. John Dramani Mahama, President of the Republic of Ghana in collaboration with the then Acting and now Chief Justice of Ghana, His Lordship Justice Paul Baffoe-Bonnie, announced visionary plans to establish Specialized Financial Courts to inter alia prosecute persons involved in illegal mining (galamsey) and other environment-related crimes (The Presidency, Republic of Ghana, 2025). This decisive action demonstrates remarkable foresight and a steadfast commitment to the rule of law and environmental preservation.

This forward-thinking initiative not only reflects a clear recognition that environmental degradation requires dedicated judicial attention but also positions Ghana as a regional pioneer in legal innovation. The proposal to hold Specialized adjudications across the country shows a nuanced understanding that environmental crimes often have localized impacts but national significance, ensuring that justice is both accessible and visible to affected communities.

This strategic approach aligns perfectly with the ICC’s new Policy, which emphasizes that states should prioritize national prosecutions for environmental crimes, a principle known as complementarity (ICC Policy, para 53). Ghana’s legal leadership in this regard is not merely responding to international standards but is actively shaping a domestic legal framework that could serve as a model for other nations, demonstrating how sovereignty and international cooperation can advance together in the pursuit of environmental justice.

What the ICC Policy Means for Ghana

Ghana’s rich natural resources, from gold and cocoa to offshore oil and timber, have long been central to our national development. They have also placed Ghana on the frontline of global environmental challenges. The ICC’s new Policy brings into sharp focus several realities relevant to our national context, while Ghana’s proposed specialized courts offer a practical mechanism to address them.

First, activities like illegal mining (“galamsey”), which have contaminated vital waterbodies such as the Ankobra, Pra, and Birim rivers with mercury and cyanide, are no longer just environmental or regulatory concerns. Under the ICC framework, if such pollution is widespread, systematic, and results in severe harm to communities, such as causing widespread illness or depriving people of clean drinking water, it could potentially be investigated as a crime against humanity (ICC Policy, para 26). Ghana’s specialized courts would provide the forum to prosecute such cases domestically, demonstrating our commitment to environmental justice.

Second, the oil and gas operations off Ghana’s western coast, while economically significant, carry environmental risks that now carry heavier legal implications. Gas flaring, oil spills, and the degradation of marine ecosystems could, under certain conditions, engage international criminal law, particularly if they form part of a pattern of harm affecting civilian populations. The specialized courts could handle these complex cases with the necessary expertise.

Third, deforestation and land conflicts, issues Ghana has grappled with for decades, may also fall under this new legal scrutiny. The loss of nearly 20% of Ghana’s primary forest cover since 2001, often linked to illegal logging and mining concessions, represents not only an ecological crisis but also a potential context for crimes against humanity if connected to forced displacement or the destruction of livelihoods. Specialized environmental courts would be well-positioned to address these interconnected issues.

A New Era of Corporate Accountability

One of the most significant aspects of the ICC Policy is its clear message to corporate actors. The Policy states that corporate executives can be held personally responsible under international criminal law for environmental crimes committed by their companies (para 69). This shifts the legal landscape dramatically. Corporate leaders can no longer shield themselves behind company structures when their operations cause widespread environmental harm.

The Policy further encourages prosecutors to engage directly with businesses to inform them of “legal risks related to their activities and to their supply chains” (para 83). This means that multinational companies operating in Ghana’s extractive sectors must now integrate rigorous human rights and environmental due diligence into their operations, not as a voluntary best practice, but as a legal imperative. Ghana’s specialized courts would provide a clear signal to the corporate sector that environmental compliance is taken seriously in our jurisdiction.

The Principle of Complementarity: Ghana’s Strategic Advantage

Importantly, the ICC operates on the principle of complementarity. This means the Court will only step in when a country is unwilling or unable to genuinely investigate and prosecute these crimes itself (para 53). Ghana’s proposal to establish specialized courts for environmental crimes is therefore not just a domestic reform; it is a strategic move that positions Ghana to handle these matters nationally, in accordance with our laws and values.

By establishing these courts, Ghana demonstrates both the willingness and ability to prosecute environmental crimes seriously. This proactive approach aligns with the ICC’s preference for national prosecutions and strengthens Ghana’s sovereignty in environmental governance. It shows that we take our international commitments seriously while developing our own solutions to our unique challenges.

Navigating Sovereignty and International Cooperation

Some may view the ICC’s increased focus on environmental crimes through the lens of sovereignty, questioning whether this represents external interference in Ghana’s domestic affairs. This concern is understandable, particularly given historical tensions between the ICC and some African states (Jalloh, 2017, p. 534).

However, Ghana’s leadership has shown a more constructive approach. By proposing specialized environmental courts, Ghana is not reacting defensively to international developments but proactively shaping our own response. This demonstrates true sovereignty, the ability to develop our own institutions to address our challenges, while engaging constructively with international norms. Ghana voluntarily joined the ICC in 1999 because we believed in the importance of accountability for grave crimes. Protecting our environment from severe, widespread harm is consistent with that commitment.

Building on a Forward-Looking Path

The specialized courts proposal provides a strong foundation that Ghana can build upon in light of the ICC Policy:

First, these courts could serve as the centerpiece for a technical review of our domestic laws to ensure alignment with international standards, particularly concerning corporate liability and the rights of affected communities.

Second, they provide the institutional framework for capacity-building within our judicial system, ensuring that Ghana can investigate and prosecute environmental crimes effectively at the national level.

Third, their establishment sends a clear signal to the private sector about Ghana’s commitment to environmental justice, encouraging proactive compliance and responsible investment.

Fourth, the courts could develop specialized procedures for community engagement, ensuring that the rights of Indigenous Peoples, peasants, and other vulnerable groups are protected, as emphasized in the ICC Policy (para 8).

Finally, Ghana’s leadership in this area could inspire regional cooperation through ECOWAS, helping to harmonize environmental crime standards across West Africa.

Conclusion: Ghana’s Leadership Moment

The ICC’s Policy on Addressing Environmental Damage arrives at a pivotal moment for Ghana, just as our national leadership has taken significant steps to strengthen our environmental justice system. The proposal for specialized courts to address galamsey and environmental crimes demonstrates foresight and commitment.

This convergence of international and national developments presents Ghana with a unique opportunity. We can position ourselves as a regional leader in environmental justice, showing that African nations can develop sophisticated responses to environmental challenges that reflect both our sovereignty and our commitment to international cooperation.

It shows that Ghana is not waiting for external pressure to address environmental crimes but is proactively developing her own solutions. This is exactly the kind of national initiative that the ICC’s complementarity principle encourages.

As we move forward with establishing these specialized courts, we do so not just in response to international developments, but as part of our own commitment to protecting Ghana’s environment for future generations. This is a moment for Ghana to lead, and our current trajectory suggests we are ready to do so.