The Metals Company’s Post

It was a privilege to act for Nauru Ocean Resources Inc., a subsidiary of the The Metals Company in what is likely to be considered a landmark ruling by the Amsterdam Court of Appeal. The Court dismissed (with costs) all of Greenpeace’s counter claims including that their boarding of NORI’s vessel in November 2023 was legal. But more importantly, the Court ruled against Greenpeace’s position that EU law, specially the European Convention on Human Rights, applies to protest activities conducted on the High Seas once protesters depart a European flagged vessel i.e., from canoes/kayas/fast rescue craft. In a first of its kind ruling, the Court agreed with NORI and found that when assessing the lawfulness of these activities, UNCLOS applies. As such, UNCLOS and the regime contained in Part XI, including any measures issued by the International Seabed Authority is the applicable legal framework to assess the lawfulness of protests obstructing the activities of contractors. This decision will set the framework for how future protests should be conducted - protests must be peaceful, they cannot risk human life and safety and as recognised by the Arctic Sunrise Tribunal, they must not infringe on the sovereign rights of States to conduct mineral exploration or exploitation in the Area. #UNCLOS #internationallaw

Five members of Letzte Generation in Germany have been charged with “forming a criminal organisation” Five members of Letzte Generation in Germany have been charged with “forming a criminal organisation,” a move that civil rights campaigners warn could have far-reaching implications for climate activism, according to The Guardian. https://lnkd.in/dV7uzQg4 Letzte Generation is Germany’s equivalent to Just Stop Oil. Mirjam Herrmann, 27, Henning Jeschke, 22, Edmund Schulz, 60, Lukas Popp, 25, and Jakob Beyer, 30, faced charges under section 129 of the German criminal code, marking the first time this law has been applied to a non-violent protest group. The activists emphasize that their actions were peaceful and transparent, challenging the harsh legal measures taken against them. Amnesty International Germany warns that a guilty verdict for any defendant could potentially criminalize any form of support for Letzte Generation, endangering the very essence of the climate campaign. Prosecutors in Brandenburg have linked the charges to a series of alleged "attacks," including protests at oil refineries, the Berlin-Brandenburg airport, and the Museum Barberini in Potsdam, according to The Guardian. These incidents involved actions like attempting to disrupt oil pumping stations, blocking airport runways, and defacing an oil painting by Monet with mashed potatoes, all part of a broader Germany-wide campaign that has seen numerous arrests in recent years. The prosecution asserts that the accused collaborated with other subgroup members to commit crimes over an extended period, forming an association aimed at advancing a common interest. This case unfolds as a pivotal moment in German history, where the use of severe legal measures against a peaceful climate protest group raises concerns among activists and rights advocates alike. Picture credit: nn.de #LetzteGeneration #oilandgas #legal #amnestyinternational #germany #activists #climatecrisis

Five members of Letzte Generation in Germany have been charged with “forming a criminal organisation” Five members of Letzte Generation in Germany have been charged with “forming a criminal organisation,” a move that civil rights campaigners warn could have far-reaching implications for climate activism, according to The Guardian. https://lnkd.in/dtJRMZfg Letzte Generation is Germany’s equivalent to Just Stop Oil. Mirjam Herrmann, 27, Henning Jeschke, 22, Edmund Schulz, 60, Lukas Popp, 25, and Jakob Beyer, 30, faced charges under section 129 of the German criminal code, marking the first time this law has been applied to a non-violent protest group. The activists emphasize that their actions were peaceful and transparent, challenging the harsh legal measures taken against them. Amnesty International Germany warns that a guilty verdict for any defendant could potentially criminalize any form of support for Letzte Generation, endangering the very essence of the climate campaign. Prosecutors in Brandenburg have linked the charges to a series of alleged "attacks," including protests at oil refineries, the Berlin-Brandenburg airport, and the Museum Barberini in Potsdam, according to The Guardian. These incidents involved actions like attempting to disrupt oil pumping stations, blocking airport runways, and defacing an oil painting by Monet with mashed potatoes, all part of a broader Germany-wide campaign that has seen numerous arrests in recent years. The prosecution asserts that the accused collaborated with other subgroup members to commit crimes over an extended period, forming an association aimed at advancing a common interest. This case unfolds as a pivotal moment in German history, where the use of severe legal measures against a peaceful climate protest group raises concerns among activists and rights advocates alike. Picture credit: nn.de #LetzteGeneration #oilandgas #legal #amnestyinternational #germany #activists #climatecrisis

The indictment of Letzte Generation sets a dangerous precedent and discourages public participation in protests and decisions made about environmental matters. Here is my piece for Human Rights Watch on the issue. https://lnkd.in/eKTJWMSu

Is breaking the law justified for a greater cause? This is the question we explore in our latest post as juries in the UK are acquitting climate protesters based on moral conscience, while the government tries to tighten the legal noose. What's happening? * Climate protesters are being acquitted of causing criminal damage despite lacking a clear legal defence. * The government is pushing back, trying to restrict "lawful excuse" defences for climate activists. * Courts are even silencing these protesters, preventing them from explaining their motivations in court. Should the law be inflexible in the face of a crisis like climate change? Are juries right to acquit based on conscience? Jury trials have a long tradition of acknowledging moral arguments, dating back to the Magna Carta. Read the full article for a deeper dive into this critical debate. https://lnkd.in/dYcKSrQk #climateaction #protest #law #climatecrisis #democracy

An ongoing Human Rights at Sea project is the Geneva Declaration on Human Rights at Sea. Initiated in February 2019 by Founder David Hammond in response to the widespread, ongoing abuse of human rights at sea, the Declaration consolidates existing international laws into a single document. What Is The Geneva Declaration On Human Rights About and Where Can I Read A Detailed Review? 📚

The UK's judicial system gagging climate protestors 🇬🇧👇 As a Brit myself, the UK governments passing of two wide-ranging laws targeting direct actions by climate activists has been painful to witness. I do not believe that Just Stop Oil protestors should be thrown in jail, I believe they should be listened to. Therefore, the judicial system refusing to let these climate protesters even speak in court about the climate breakdown that inspired their protest is beyond farcical - it's downright authoritarian. Why is this happening? Because juries have repeatedly acquitted defendants prosecuted for climate protests on the basis that their cause was just. How does our judicial system respond? Don't let them speak about climate breakdown in court. Done. The UN Rapporteur for environmental defenders Michel FORST said he was dismayed by the judge’s decision to refuse the defendants a chance to present more fully their evidence about climate breakdown. “That’s precisely one of the serious concerns I have about what is happening in some courts in the UK. Defendants should be allowed to explain why they have decided to use non-conventional but yet peaceful forms of action, like civil disobedience, when they engage in environmental protest,” he said. https://lnkd.in/giN9nfg9 #righttoprotest #protest #democracy #climate

The right to protest is fundamental to our democracy. Protests have been pivotal to many social movements and countless environmental victories throughout Australia’s history, keeping public attention on critical issues and building pressure for government and corporate action.       In recent years, there has been a concerning rise in anti-protest legislation across Australia, criminalising protests and maximising penalties for protestors. The laws have disproportionately targeted environmental defenders and people calling for climate action. These laws attempt to deter people from speaking out on issues that they care about.      This forensic examination of what’s been happening in the US provides insight into who is driving the anti-protest agenda and who benefits from the silencing of dissent. Here at home, The Human Rights Law Centre’s recent report ‘Protest in Peril’ shows these tactics are not isolated to the US https://lnkd.in/g3m6meFZ    Philanthropy plays an critical role in supporting organisations who are working tirelessly to protect our right to protest, so people in local communities are free to call for climate action and environmental justice - which will make all the difference to the future of generations to come and countless species that are under threat of extinction.    #righttoprotest #climateaction #humanrights  #environmentaljustice   

Repression of climate and environmental protest is intensifying across the world by Oscar Berglund and Tie Franco Brotto, The Conversation Climate and environmental protest is being criminalized and repressed around the world. The criminalization of such protests has received a lot of attention in certain countries, including the UK and Australia. But there have not been any attempts to capture the global trend—until now. We recently published a report, with three University of Bristol colleagues, which shows this repression is indeed a global trend—and that it is becoming more difficult around the world to stand up for climate justice. This criminalization and repression spans the global north and south, and includes more and less democratic countries. It does, however, take different forms. Read on at https://lnkd.in/dMeDdxgX

Today #theVeniceCommission has issued an urgent opinion on Georgia's Foreign Agents Law. It #StronglyRecommends a #repealofthelaw to uphold democratic principles and protect civil society. "In conclusion, the Venice Commission strongly recommends repealing the Law in its current form, as its fundamental flaws will involve significant negative consequences for the freedoms of association and expression, the right to privacy, the right to participate in public affairs as well as the prohibition of discrimination. Ultimately, this will affect open, informed public debate, pluralism and democracy." https://lnkd.in/digGphSY