On 5 February 2021, the Pre-Trial Chamber I of the International Criminal Court (ICC) ruled that the court’s territorial jurisdiction extends to the Palestinian territory occupied by Israel during the Six-Day War in June 1967, namely the West Bank, including East Jerusalem and Gaza. This decision follows the Prosecutor’s request for a ruling on the court’s territorial jurisdiction in Palestine to confirm her ability to investigate alleged crimes committed in the occupied Palestinian territory since June 13, 2014.
Read moreCategory: Few other things
Keep drilling and don’t worry about GHGs, says the Norwegian Supreme Court
On December 22, 2020, the Norwegian Supreme Court dealt a hard blow to the fight against climate change. The Court confirmed (in Norwegian) the validity of a 2016 royal decree granting ten production licences in the Barents Sea, dismissing the claims that drilling activities violate the right to a clean environment enshrined under Article 112 of the Constitution and the right to life and the right to privacy, family life and home protected under Articles 2 and 8 of the European Convention on Human Rights (ECHR).
Read moreCalling for the boycott of Israeli products falls within freedom expression says the ECtHR
On June 11, 2020, the European Court of Human Rights (ECtHR) held that France violated Article 10 (freedom of expression) of the European Convention in the Baldassi and Others v. France case (in French) by convicting activists with criminal charges for incitement to economic discrimination, on account of their participation in actions aimed at boycotting products imported from Israel as part of the Boycott, Divestment and Sanctions (BDS) campaign.
Read moreInternal security as such can’t justify the refusal to host asylum-seekers says the ECJ
On April 2, 2020, the European Court of Justice (ECJ) ruled, in the infringement proceedings initiated by the European Commission that, Poland, Hungary and Czech Republic failed to comply with their obligations under Articles 5§2-4-11 of both Council Decision 2015/1523 and Council Decision 2015/1601 by refusing to host asylum-seekers who arrived in Italy and Greece between 2015 and 2017.
Read moreICC Afghan case: Pre-Trial Chamber erred in law by refusing to open an investigation says the Appeals Chamber
On March 5 2020, the Appeals Chamber of the International Criminal Court (ICC) authorised the Prosecutor to commence an investigation in relation to the alleged crimes committed in the context of the armed conflict in Afghanistan since 1 May 2003, reversing the Pre-Trial Chamber’s highly controversial decision to refuse the opening of such investigation based on the lack of interests of justice.
By judging that the Pre-Trial Chamber (PTC) erred in law, the Appeals Chamber salvaged the ICC’s credibility, which had been questioned due to the non-legal arguments used by the PTC to justify the refusal to open an investigation.
Read moreExpulsions backed up by the ECHR, denying obstacles faced by sub-Saharan migrants
On 13 February 2020, the Grand Chamber of the European Court on Human Rights (ECtHR) dismissed the claim of two migrants alleging that their removal from Spain without having their situation individually examined by the authorities was a violation of Article 4 of Protocol No.4 to the European Convention on Human Rights (ECHR) and Article 13 ECHR in the N.D and N.T v. Spain case.
Read moreThe protection of the environment, “mankind common heritage” guaranteed beyond French borders
On 31 January 2020, the French Constitutional Court ruled (in French) that the protection of the environment, principle enshrined in the preamble of the Environment Charter, constitutes a constitutional goal. Hence, its application can lead to the limitation of the freedom of entrepreneurship, even if the adverse consequences of the business activities carried out are extraterritorial.
Read moreDenied asylum-seekers’ right to life must be protected from climate change says the Human Rights Committee
Hard blow for climate change litigation in the US
On 17 January 2020, the United States Court of Appeals for the Ninth Circuit issued its opinion on the Kelsey Rose Juliana v. United States case filled by 21 young citizens, an environmental organisation and a representative of future generations. By a majority of two judges, the Court dismissed the claim alleging that the government has violated claimants’ constitutional rights to life, liberty, property and the public trust doctrine by permitting, authorising, and subsidising fossil fuel use despite irreversible consequences regarding climate change.
Read moreHuman rights as a means of fighting climate change
On 20 December 2019, the Dutch Supreme Court issued a landmark judgement upholding the Court of Appeal’s decision in the Urgenda Foundation v. Netherlands case. The class action initiated by 900 Dutch citizens had as a core question whether the State had a duty of care to protect its citizens against the imminent danger caused by climate change. By compelling the State to reduce greenhouse gas emissions by at least 25% compared to 1990 by the end of 2020, the Supreme Court answered the question positively.
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