GENEVA – Climate change poses an urgent and existential threat to which justice operators must be ready to respond, Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers, said today.
“The United Nations system, including the International Court of Justice, has called for States to put all available means at their disposal to prevent environmental harm,” she said. “Nevertheless, when justice systems seek to uphold the many climate commitments made by Member States, they are systematically undermined, disregarded, or subject to improper influence, threats or attacks.”
The Special Rapporteur’s report to the General Assembly examines the challenges, barriers and threats faced by judges, prosecutors, lawyers and community justice workers when they seek to engage with, uphold, enforce or reform the obligations of States or private actors in relation to climate change.
Despite increasingly clear legal standards and unequivocal scientific consensus, many States have not made the adaptations required to ensure effective legal action in cases concerning the environment, including climate systems.
“Vested economic and political actors are using their power and influence to undermine the shift away from carbon-based systems, including through attacks on justice systems and the rule of law,” the expert said.
“The work of justice systems in relation to climate commitments is often systematically undermined, disregarded, or subject to improper influence, threats or attacks,” Satterthwaite said. “The independence of justice systems must be secured, and they must be supplied with resources, training and opportunities for international cooperation and coordination, all underpinned by political will. States must work to bring an end to the criminalisation and instrumentalisation of the law against environmental defenders, particularly through devastating SLAPPs,” Satterthwaite said, referring to strategic litigation against public participation.
The report explores best practices in climate-related cases, such as the creation of specialised tribunals or benches, adapted rules in ordinary proceedings, science-based judicial education and creative effective remedies.
Satterthwaite stressed that States must avoid actions that politicise competence in climate law and science. “Capability in environmental cases is in no way ‘activism’. These cases will come to court whether political representatives agree or not, and judges must decide them without fear or favour. It is in everyone’s interests for justice actors to be prepared when they do.”
“I call on all justice systems to rise to the challenge,” the Special Rapporteur said.
