2021

THE ICC

A number of campaign groups are referring climate breakdown related cases to the International Criminal Court (ICC).

In January 2021 we referred our case to the ICC, copying all correspondence to that body to show that we had exhausted all options available to us within the UK.

It soon became clear that the ICC’s Prosecutor’s Office didn’t want to handle such a contentious case against senior UK politicians. The ICC claimed it did not have jurisdiction and, when we questioned that, it refused to provide a meaningful explanation.

The ICC was deliberately obstructive.

Campaigning groups that seek to take similar cases in the future may find the CGAN experience to be educational. There were other reminders issued, but the key correspondence is here:

OCTOBER 21

AllRise took a case to the ICC in connection with President Bolsonaro of Brazil.

It’s clear that the ‘oblique intent’, Article 30.2(b) provisions feature in other cases at the ICC.

AllRise, UKYCC and SFCS appear to have overcome the ‘jurisdiction’ obstacle so, when CGAN had worked through all UK steps and appeal procedures, the case was resubmitted to the ICC. On 6 April 2024 the 121 page dossier of evidence was emailed to the ICC.

Please note that the names of the accused and certain addresses are redacted.

APRIL 24

The other climate breakdown related cases at the ICC, which appear to have been accepted, start by explaining why the ICC has jurisdiction. In April 2024 an updated CGAN case was submitted to the ICC which, this time, begins by explaining why the ICC has jurisdiction. The April 2024 case is significantly stronger because it has been tested against legal department of the Met and proven to be robust.

Please note that the new CGAN case is redacted to remove the names of the accused government ministers and certain addresses.

The case is substantial. It runs to 121 pages and includes the dossier of evidence submitted to the Met Police in September 2022, the correspondence with the legal department of the Met and the correspondence with MOPAC. This updated case proves that the Met is acting unlawfully by refusing to use ICCA 2001 in the context of mass killing, annihilation and mass suffering caused by the policies that drive climate breakdown. The updated case explains the key concepts, such as the ‘direct intent’ and ‘oblique intent’ provisions in Article 30 of the Rome Statute and the ‘common purpose’ provisions in Article 25. The case also includes the correspondence with MOPAC, which shows that body again refuses to adhere to its code of governance. It accepts what it is told by the Met Police and refuses to undertake its role to independently and critically examine the evidence. MOPAC usually undertakes an oversight function but, in this case, it refuses to perform its stated role of ‘effective scrutiny’.