"Ecocide: Congress Moves Forward with a Key Bill"

Collab: Martina Goldsztein. Lawyer, specialist in Environmental and Administrative Law. Honorary lecturer at the University of Buenos Aires.

Founder of Environmental & + 

In the context of a global environmental emergency, on April 1, 2025, Argentina has put forward an ambitious and necessary proposal in the Chamber of Deputies. The initiative seeks to incorporate a new title — “Title XIV” — into the Argentine Penal Code, dedicated exclusively to Environmental Crimes.

But... what does this mean, and why is it so important? Let’s break it down:

A Debt Settled with Environmental Justice:

Until now, Argentina’s Penal Code has not explicitly recognized the “environment” as a legal interest worthy of independent protection (although we can see a protective intent in Article 41 of the Argentina's National Constitution). This bill aims to give shape to that intention by creating key tools to address crimes that cause serious harm to the natural environment. Among the potential new criminal offenses included are:

• Pollution

• Ecocide

• Wildfires

• Wildlife Trafficking

• Destruction of Wetlands and Forests

• Invasive Species

The bill increases penalties in especially serious cases — for example, when human health is affected (beyond what is currently addressed through well-known environmental protection actions such as the famous “Environmental injunctions” and landmark cases like Mendoza, Beatriz Silvia et al. v. National State et al. regarding damages from pollution in the Matanza-Riachuelo River). It also applies when deaths occur, when crimes take place in protected areas, or when public officials are involved. Additionally, the bill allows for the prosecution of both individuals and companies, and includes disqualification from public office for officials involved.

What Can We Say Ecocide Is?

Ecocide, according to the definition developed by the Independent Expert Panel convened in 2021 by the Stop Ecocide Foundation, is broadly understood as unlawful or reckless acts that cause severe, widespread, and long-lasting damage to the environment. In Argentina, the proposed bill punishes ecocide with up to 20 years in prison — a decision that could mark a turning point in the formal recognition and prosecution of environmental crimes.

Moreover, the Context Demands It:

This progress is no coincidence — it comes in the wake of a series of devastating wildfires during the 2024/2025 summer in Argentina’s Patagonia region, many of which were allegedly started intentionally, destroying entire ecosystems.

Experts attribute these tragedies both to poor forest management practices and the effects of climate change. In light of this reality, the need for a strong and decisive response from the State has become undeniable.

What Challenges Lie Ahead?

Implementation won’t be easy. It will require specialized judges and prosecutors, clear protocols to prove environmental damage, and the ability to overcome potential resistance from powerful sectors of the economy. But every step in this direction is a victory toward a greener and more environmentally conscious justice system.

In conclusion, this bill marks a historic milestone in Argentine legislation. Recognizing ecocide as a criminal offense not only strengthens environmental justice but also positions Argentina as a leader in the region, because protecting life is also about doing justice. #ForABetterWorld