Warrior Lawyer Profile: Philippe Sands

Championing Environmental Rights and Justice

Philippe Sands KC embodies the role of a “warrior lawyer” by applying his legal skills and knowledge to champion environmental rights and justice. A major figure in international law and environmental activism, he demonstrates how legal expertise can drive the fight for environmental justice. Through his time as a barrister, law professor and author, Sands has influenced legal frameworks that aim to protect communities and the natural world.

Early Career

Sands' journey into international law was influenced by personal history and a commitment to justice. Having earned a first-class law degree and completing postgraduate studies at Cambridge, Sands spent a year as a visiting scholar at Harvard Law School. He was appointed Queen’s Counsel in 2003, now referred to as King’s Counsel (KC). 

Championing Environmental Rights

Philippe Sands is a prominent figure in the movement advocating for the recognition of ecocide as an international crime under the Rome Statute of the International Criminal Court (ICC), arguing that the deliberate destruction of the environment should be legally condemned in the same way as genocide or crimes against humanity. Sands envisions a world where those who inflict "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 being caused by those acts" can be held to account in the halls of international justice. His commitment to this cause is exemplified through his role as co-chair of the Independent Expert Panel for the Legal Definition of Ecocide, a group that sought to translate the growing concern for ecological well-being into a concrete legal framework. 

The panel hoped that its proposed definition would form the basis for an amendment to the Rome Statute, an idea supported by Pacific Island countries including Fiji, Samoa and Vanuatu. In essence, Sands' work is aimed at bridging a crucial gap in international law and urges member states to recognise that existing legal frameworks, like the Rome Statute, cannot and are not adequately addressing environmental harms.

In this way, Sands’ determined advocacy and engagement with environmental law have been pivotal in propelling ecocide into global consciousness, shaping legal and political discussions, influencing international governance and providing a basis for governments and international bodies to adopt ecocide as a recognized international crime.

Obstacles and Challenges

Sands faces considerable challenges in his work as an environmental lawyer, stemming from resistance from powerful corporate and political interests that oppose stricter environmental regulations. The slow pace of international legal reform also poses a significant hurdle to achieving immediate change. Sands has commented on this, while also discussing how the existing legal framework makes prompt legal change for the environment difficult in his line of work. Furthermore, the enforcement of environmental laws, particularly in jurisdictions with weak legal institutions, remains a major challenge.

Legal and Non-Legal Tools

While Sands is a prolific legal and environmental scholar, he is also a prominent participant in significant international legal battles, utilising his advocacy skills in both international and domestic courts.

Of particular note is his representation of Mauritius before the International Court of Justice (ICJ) in the case concerning the UK's control over the Chagos Archipelago. This case is a testament to his commitment to both decolonization and environmental stewardship. Sands' work with the Chagossians demonstrates his professionalism and dedication to environmental protection. In addition, his crucial role representing Australia in its case against Japan's whaling program before the ICJ further illustrates this dedication, culminating in a landmark ruling that reverberated across the landscape of marine conservation.

Sands is also esteemed for his contributions to environmental law literature, including one of the first textbooks on international environmental law. His scholarly work has helped to define and disseminate the principles of international environmental law. Through his academic publications, Sands has illuminated the critical role that the law plays in shaping the future of the environment. Additionally, his broader contributions extend to publications and frequent commentaries on platforms such as the BBC and CNN, engaging the public in crucial conversations about justice and environmental protection. 

Sands is a Professor of Law and a Professor of the Public Understanding of Law at University College London. Additionally, Sands is noted for co-founding the Centre for International Environmental Law in 1998, which seeks to harness the power of law to safeguard the environment, uphold human rights and create a just and sustainable society. 

Concluding Thoughts

Philippe Sands’ legal and literary contributions to environmental law establish him as a prolific contributor to the environmental justice movement and highlight his status as a warrior lawyer. As climate change and biodiversity loss continue to pose existential threats, Sands’ efforts underscore the critical role of the law in safeguarding the planet for future and current generations.