X-Press Pearl, a container ship operated by Singapore based X-Press Feeders caught fire near Colombo Port in May 2021.
Colombo, 11 September 2024 – On 20 May 2021, the X-Press Pearl ship caught fire near the Port of Colombo in Sri Lanka. Containers holding dangerous chemicals and plastic pellets spilled overboard, resulting in what the UN Environment Programme called “the worst maritime disaster to have struck Sri Lanka.”
In addition to causing long-term environmental harm, the incident also crippled local fisheries, serving as a grim reminder of the devastating impact marine pollution can have on coastal communities and livelihoods.
Three years later, clean-up operations are still ongoing. Under Sri Lanka's Marine Pollution Prevention Act (MEPA), the ship's master, the agent company and its directors were brought to justice and currently stand indicted before the High Court of Colombo.
The X-Press Pearl case highlights a growing trend in maritime law—the use of criminal provisions to combat pollution crimes.
But many nations that face the environmental impacts of marine pollution crimes lack the necessary legal frameworks or enforcement mechanisms to effectively pursue justice and ensure compliance. The scale of the X-Press Pearl disaster highlights the pressing need for stronger, enforceable legislation to hold perpetrators of marine pollution criminally accountable.
As coastal and island nations grapple with the escalating consequences of environmental degradation, the UN Office on Drugs and Crime (UNODC) is working to strengthen legal frameworks and enhance cooperation to hold perpetrators accountable and protect vital marine ecosystems. For instance, UNODC, through its Global Maritime Crime Programme (GMCP), recently held a dissemination workshop in Colombo, Sri Lanka, to launch the Legal Manual on Pollution Crimes in the Marine Environment. Funded by the Government of Japan and with technical support from the Japan Coast Guard Research Centre, the Legal Manual is designed to assist States in establishing robust legislative frameworks and explore the potential applicability of the UN Convention on Transnational Organized Crime (UNTOC). It addresses critical challenges such as jurisdiction, offences and liability, international cooperation, and investigative methods, with an emphasis on Maritime Domain Awareness (MDA).
As Mr. Tennakoon, Deputy Solicitor General of Sri Lanka noted: "Pollution crimes involve numerous parties and present significant challenges in terms of evidence collection and accountability. Our role as legal practitioners is to ensure that those responsible for such environmental damage are held to account."
By adopting stronger legal frameworks, as outlined in the Legal Manual, States can deter future pollution crimes and ensure that those responsible face significant legal consequences. Incorporating these criminal justice responses into blue economy management and ocean conservation plans not only strengthens enforcement but also demonstrates a commitment to environmental protection. This approach promotes both deterrence and restoration, ensuring that marine ecosystems are preserved while holding polluters accountable, ultimately fostering healthier and more sustainable ocean environments.
Looking ahead, UNODC plans to expand its capacity-building initiatives in this area, focusing on strengthening regional cooperation and enhancing the technical skills of law enforcement agencies to prevent, detect, and respond to pollution incidents more effectively. This includes support provided through the launch and dissemination of a new Legislative Guide on Combating Pollution Crime to help implement UNTOC, with the overarching goal of preventing and combating pollution crimes in all their forms.
