βGroundbreakingβ: How children in Hawaii won landmark climate case
A group of children and young activists has won a constitutional case forcing a government department to curb emissions from the transport sector in Hawaii.
In an historic settlement of a climate change lawsuit brought by 13 children and young activists in 2022, the Hawaiian department of transport agreed on Thursday to decarbonise its transport sector with a goal of reaching zero emissions by 2045.
What was the Hawaii climate lawsuit about?
A group of children and young people filed the lawsuit, Navahine v Hawaii Department of Transportation, in 2022 in Hawaiiβs First Circuit Court.
The plaintiffs alleged that the US state of Hawaii had violated their constitutional right to a clean and healthful environment by implementing transportation policies and infrastructure which use fossil fuels and cause polluting emissions.
In the lawsuit, the claimants cited rights granted under the public trust doctrine and the constitution, guaranteed by the Hawaii Constitution in articles XI, section 1 and XI, section 9.
The public trust doctrine states that public natural resources are held in trust by the state for the benefit of the people.
Who filed the case?
The plaintiffs are all children and young people who were aged from nine to 18 when they filed the case in 2022.
One of the plaintiffs, 14-year-old Navahine F, is a Native Hawaiian raised in Kaneohe, located on the island of Oahu, about 20 miles (32km) from Honolulu.
What have the parties to the case said about the settlement?
The office of Hawaii Governor Josh Green released a statement on Thursday in which he said: βThis settlement informs how we as a state can best move forward to achieve life-sustaining goals.β
Referring to the settlement and addressing the claimants, Green said: βItβs groundbreaking, youβre the first in the country, I believe in a state, to succeed,β during a press conference.
Where else have children and young people filed climate change cases?
In recent years, young people all over the world have been pursuing legal cases to pave the way for stronger climate policies. These cases include:
Germany, 2020: Nine people aged 15 to 32 challenged Germanyβs Federal Climate Protection Act in the Federal Constitutional Court, claiming the emission reduction targets provided in the law were insufficient. The court ruled in their favour and Germany brought forward its deadline for achieving carbon neutrality from 2050 to 2045.
Montana, US, 2020: Sixteen children and young people aged five to 22 sued the state of Montana for not protecting their right to a clean environment. In 2023, the court ruled in their favour and stated that Montana must take climate change into account when approving fossil fuel projects.
Europe, 2023: Six Portuguese children and young people aged 11 to 24 took 32 European nations to the European Court of Human Rights, arguing that government inaction on climate change discriminates against the youth. However, the court dismissed the case due to its overly broad geographic scope.
South Korea, 2024: Two hundred people, including 62 children aged under five, have joined a petition heard by South Koreaβs Constitutional Court that alleges that the government is failing to protect people in the country from the harms of climate change. The verdict is expected later this year.
#GhostPrincess
A group of children and young activists has won a constitutional case forcing a government department to curb emissions from the transport sector in Hawaii.
In an historic settlement of a climate change lawsuit brought by 13 children and young activists in 2022, the Hawaiian department of transport agreed on Thursday to decarbonise its transport sector with a goal of reaching zero emissions by 2045.
What was the Hawaii climate lawsuit about?
A group of children and young people filed the lawsuit, Navahine v Hawaii Department of Transportation, in 2022 in Hawaiiβs First Circuit Court.
The plaintiffs alleged that the US state of Hawaii had violated their constitutional right to a clean and healthful environment by implementing transportation policies and infrastructure which use fossil fuels and cause polluting emissions.
In the lawsuit, the claimants cited rights granted under the public trust doctrine and the constitution, guaranteed by the Hawaii Constitution in articles XI, section 1 and XI, section 9.
The public trust doctrine states that public natural resources are held in trust by the state for the benefit of the people.
Who filed the case?
The plaintiffs are all children and young people who were aged from nine to 18 when they filed the case in 2022.
One of the plaintiffs, 14-year-old Navahine F, is a Native Hawaiian raised in Kaneohe, located on the island of Oahu, about 20 miles (32km) from Honolulu.
What have the parties to the case said about the settlement?
The office of Hawaii Governor Josh Green released a statement on Thursday in which he said: βThis settlement informs how we as a state can best move forward to achieve life-sustaining goals.β
Referring to the settlement and addressing the claimants, Green said: βItβs groundbreaking, youβre the first in the country, I believe in a state, to succeed,β during a press conference.
Where else have children and young people filed climate change cases?
In recent years, young people all over the world have been pursuing legal cases to pave the way for stronger climate policies. These cases include:
Germany, 2020: Nine people aged 15 to 32 challenged Germanyβs Federal Climate Protection Act in the Federal Constitutional Court, claiming the emission reduction targets provided in the law were insufficient. The court ruled in their favour and Germany brought forward its deadline for achieving carbon neutrality from 2050 to 2045.
Montana, US, 2020: Sixteen children and young people aged five to 22 sued the state of Montana for not protecting their right to a clean environment. In 2023, the court ruled in their favour and stated that Montana must take climate change into account when approving fossil fuel projects.
Europe, 2023: Six Portuguese children and young people aged 11 to 24 took 32 European nations to the European Court of Human Rights, arguing that government inaction on climate change discriminates against the youth. However, the court dismissed the case due to its overly broad geographic scope.
South Korea, 2024: Two hundred people, including 62 children aged under five, have joined a petition heard by South Koreaβs Constitutional Court that alleges that the government is failing to protect people in the country from the harms of climate change. The verdict is expected later this year.
#GhostPrincess
The Biafra crisis
During the Biafra conflict, a blockade imposed by the Nigerian government cut off essential supplies to the secessionist region of Biafra. This blockade, combined with military actions, led widespread starvation and suffering among civilians. The international community responded with humanitarian aid efforts, but the crisis highlighted gaps in international law concerning the protection of civilian populations during conflicts.
Key contributions and implications of the Biafra crisis include:
1. Humanitarian Principles: The Biafra crisis underscored the importance of humanitarian principles in international law, particularly the protection of civilians during armed conflicts. It prompted discussions on the ethical and legal responsibilities of states to ensure humanitarian access and prevent starvation as a tactic of war.
2. International Awareness: The media coverage and humanitarian responses to the Biafra crisis raised international awareness about the devastating impact of conflicts on civilian populations. This contributed to increased advocacy for stronger protections for civilians in international law.
3. Evolution of Humanitarian Law: While the Biafra crisis itself did not directly result in new treaties or conventions, it contributed to the development of customary international law norms related to the protection of civilians in armed conflicts. Subsequent conflicts and humanitarian crises further shaped international legal frameworks, including provisions in the Geneva Conventions and their Additional Protocols.
4. Impact on Humanitarian Assistance: The Biafra crisis highlighted the importance of humanitarian assistance and the need for international cooperation in providing aid to civilians affected by conflicts.
Blockades as a war crime
Blockades have been a subject of international law and regulation for centuries, evolving over time to address their humanitarian and legal implications. The concept of blockade as a violation of international law gained attention after 19th century.
Key developments include:
1. Post-World War II: The Geneva Conventions of 1949 and their Additional Protocols of 1977 provided more detailed provisions on the protection of civilians during armed conflict. They established that blockades should not prevent the delivery of essential humanitarian assistance to civilian populations.
2. Customary International Law: Over time, customary international law has reinforced these principles, emphasizing the protection of civilians and humanitarian access even in the context of blockades during armed conflict.
Starvation as a war crime
Under international humanitarian law, particularly in the Geneva Conventions and their Additional Protocols. Here are the key points regarding starvation as a war crime:
1. Geneva Conventions: The Geneva Conventions of 1949, specifically the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, prohibits starvation of civilians as a method of warfare. Article 33 states that "No protected person may be punished for an offence he or she has not personally committed."
2. Additional Protocols: The Additional Protocols I and II of 1977 further reinforce these principles. They prohibit the starvation of civilians as a means of warfare and emphasize the obligation of parties to an armed conflict to ensure that civilians have access to essential food and medical supplies.
3. Customary International Law: The prohibition against starvation as a method of warfare has also become a part of customary international law. This means that even states not party to the Geneva Conventions are bound by these rules.
4. Responsibility: Individuals responsible for deliberately using starvation as a method of warfare, or for intentionally depriving civilians of food and other essential supplies, can be prosecuted for war crimes under international criminal law. This includes military commanders, government officials, and others who plan, order, or participate in such actions.
#GhostPrincess
During the Biafra conflict, a blockade imposed by the Nigerian government cut off essential supplies to the secessionist region of Biafra. This blockade, combined with military actions, led widespread starvation and suffering among civilians. The international community responded with humanitarian aid efforts, but the crisis highlighted gaps in international law concerning the protection of civilian populations during conflicts.
Key contributions and implications of the Biafra crisis include:
1. Humanitarian Principles: The Biafra crisis underscored the importance of humanitarian principles in international law, particularly the protection of civilians during armed conflicts. It prompted discussions on the ethical and legal responsibilities of states to ensure humanitarian access and prevent starvation as a tactic of war.
2. International Awareness: The media coverage and humanitarian responses to the Biafra crisis raised international awareness about the devastating impact of conflicts on civilian populations. This contributed to increased advocacy for stronger protections for civilians in international law.
3. Evolution of Humanitarian Law: While the Biafra crisis itself did not directly result in new treaties or conventions, it contributed to the development of customary international law norms related to the protection of civilians in armed conflicts. Subsequent conflicts and humanitarian crises further shaped international legal frameworks, including provisions in the Geneva Conventions and their Additional Protocols.
4. Impact on Humanitarian Assistance: The Biafra crisis highlighted the importance of humanitarian assistance and the need for international cooperation in providing aid to civilians affected by conflicts.
Blockades as a war crime
Blockades have been a subject of international law and regulation for centuries, evolving over time to address their humanitarian and legal implications. The concept of blockade as a violation of international law gained attention after 19th century.
Key developments include:
1. Post-World War II: The Geneva Conventions of 1949 and their Additional Protocols of 1977 provided more detailed provisions on the protection of civilians during armed conflict. They established that blockades should not prevent the delivery of essential humanitarian assistance to civilian populations.
2. Customary International Law: Over time, customary international law has reinforced these principles, emphasizing the protection of civilians and humanitarian access even in the context of blockades during armed conflict.
Starvation as a war crime
Under international humanitarian law, particularly in the Geneva Conventions and their Additional Protocols. Here are the key points regarding starvation as a war crime:
1. Geneva Conventions: The Geneva Conventions of 1949, specifically the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, prohibits starvation of civilians as a method of warfare. Article 33 states that "No protected person may be punished for an offence he or she has not personally committed."
2. Additional Protocols: The Additional Protocols I and II of 1977 further reinforce these principles. They prohibit the starvation of civilians as a means of warfare and emphasize the obligation of parties to an armed conflict to ensure that civilians have access to essential food and medical supplies.
3. Customary International Law: The prohibition against starvation as a method of warfare has also become a part of customary international law. This means that even states not party to the Geneva Conventions are bound by these rules.
4. Responsibility: Individuals responsible for deliberately using starvation as a method of warfare, or for intentionally depriving civilians of food and other essential supplies, can be prosecuted for war crimes under international criminal law. This includes military commanders, government officials, and others who plan, order, or participate in such actions.
#GhostPrincess
π Princessβ’
The Biafra crisis During the Biafra conflict, a blockade imposed by the Nigerian government cut off essential supplies to the secessionist region of Biafra. This blockade, combined with military actions, led widespread starvation and suffering among civilians.β¦
The Israeli government is using starvation of civilians as a method of warfare in the Gaza Strip, which is a war crime.
π Princessβ’
The Israeli government is using starvation of civilians as a method of warfare in the Gaza Strip, which is a war crime.
Israeli officials have made public statements expressing their aim to deprive civilians in Gaza of food, water, and fuel β statements reflected in Israeli forcesβ military operations.
π Princessβ’
Israeli officials have made public statements expressing their aim to deprive civilians in Gaza of food, water, and fuel β statements reflected in Israeli forcesβ military operations.
The Israeli government should not attack objects necessary for the survival of the civilian population, lift its blockade of the Gaza Strip, and restore electricity and water.
π Princessβ’
The Israeli government should not attack objects necessary for the survival of the civilian population, lift its blockade of the Gaza Strip, and restore electricity and water.
In addition, Israelβs continuing blockade of Gaza, as well as its more than 16-year closure, amounts to collective punishment of the civilian population, a war crime. As the occupying power in Gaza under the Fourth Geneva Convention, Israel has the duty to ensure that the civilian population gets food and medical supplies.
π Princessβ’
In addition, Israelβs continuing blockade of Gaza, as well as its more than 16-year closure, amounts to collective punishment of the civilian population, a war crime. As the occupying power in Gaza under the Fourth Geneva Convention, Israel has the duty toβ¦
Prior to the current hostilities, 1.2 million of Gazaβs 2.2 million people were estimated to be facing acute food insecurity, and over 80 percent were reliant on humanitarian aid. Israel maintains overarching control over Gaza, including over the movement of people and goods, territorial waters, airspace, the infrastructure upon which Gaza relies, as well as the registry of the population. This leaves Gazaβs population, which Israel has subjected to an unlawful closure for 16 years, almost entirely dependent on Israel for access to fuel, electricity, medicine, food, and other essential commodities.
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