The Permanent Peoples' Tribunal Session on Human Rights ...

PEOPLES TRIBUNALS AND WAR: THE PERMANENT PEOPLES TRIBUNAL SESSION ON HUMAN RIGHTS, FRACKING AND CLIMATE CHANGE -

(MAY 14-18, 2018) World Beyond War, Toronto September 22, 2018 TribunalOnFrackin g .org Peoples Tribunals on War

Russell-Sartre Vietnam war crimes tribunal (1967) Tokyo Womens Tribunal (2000) as the continuation of the International Military Tribunal for the Far East Peoples Tribunal on Nuclear Weapons and the Destruction of Human Civilization (2016) The Human Rights Lens Lenses allow us to see things more

clearly, bringing certain aspects of the world into sharp focus. This PPT Session What the PPT is (1979, HR, Independent, Competent) What Human Rights are (moral, legal, universal) What fracking is What climate change is

How they came together Co-organizers (Spring Creek Project, EAH, OSU) The PPT v. Stand Alone Tribunals The PPT has 40 year history of HR jurisprudence Ad hoc tribunals are stand alone events

The PPT independently selects judges competent in HR law Ad hoc tribunals select their own judges competent in that tribunals area of law The PPT is primarily a HR court Ad hoc tribunals may use multiple sources of law What you want in tribunals

In Substance Competence Independence In Tone Credibility Legitimacy Authority Gravitas Reflection Question

1 If you were planning a Peoples Tribunal on war issues: What mode would you choose? PPT? Ad hoc? What venue?

Geographical location? Online? UDHR Preamble Recitals 1 & 2 Recital #1 Whereas recognition of the inherent dignity and of the equal and inalienable rights of all

members of the human family is the foundation of freedom, justice and peace in the world, Recital #2 Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, .. UDHR Preamble

Recitals 3 & 4 Recital #3 Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Recital #4 Whereas it is essential to promote the development of friendly relations between nations, UDHR Rights Article #3 Everyone has the right to life, liberty and security of person. Article #28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Reflection Question 2 If you were planning a Peoples Tribunal on war issues:

What value/legal standard(s) to use? Human Rights? International criminal law? Environmental law? Rights of nature? What it entailed Five days, Fully online Four pre-PPT tribunals (150+ witnesses),

oral and written reports Seventeen amicus briefs from 14 attorneys and 12 directors of 20 NGOs in seven different countries on five different continents Ten judges from eight countries selected by the PPT Nineteen presentations (30 minutes to two hours each), opening and closing arguments, opening and closing

Panel of Judges Alberto Acosta Espinosa (Ecuador) Lilia Amrica Albert Palacios (Mexico) Andrs Barreda

(Mexico) Upendra Baxi (India) Gill H. Boehringer (Australia) Maria Fernanda Campa

Louis Kotz Larry Lohmann Francesco Martone Antoni Pigrau Sol (Mexico) (South Africa) (UK) (Italy) (Spain)

Special gratitude to: John Knox opening ceremony Sandra Steingraber Bill McKibben keynote address Bedrock lecture

Julia Olson Bedrock lecture Mary Wood Bedrock lecture Anna Grear

Bedrock lecture Kathleen Dean Moore ceremony Simona Perry closing Steering Group Doubly special

gratitude to: Spring Creek Kathleen Dean Moore Founder Carly Lettero Shelley Stonebrook Cr Dir, Spring Creek Proj Spring Creek Prog

Emily Grubby Spring Creek intern Grad students EAH Program, OSU Debra Fant

promotion & research Jan Michael Looking Wolf Flute composition Also: Purposes to hear, document and give voice to personal stories and expert testimony to bring a human rights focus to the conversation about fracking and climate

change to model what a human rights case would look like in national courts to model how a fully online civil society tribunal can work to provide testimony, argument and court findings that can be used as soft law precedent in future court actions to demonstrate the relevance of earth Reflection Question

3 If you were planning a Peoples Tribunal on war issues: What purposes do you want the tribunal to accomplish? Advisory Opinion on: Do fracking and climate change

threaten human rights norms? Do they threaten rights of nature? If so, what does this court recommend be done about it? Reflection Question 4 What would you want to ask of the tribunal? A verdict on an indictment? Advisory opinion on stated

questions? Recommendations? AO Question 1 Under what circumstances do fracking and other unconventional oil and gas extraction techniques breach substantive and procedural human rights protected by international law as a matter of treaty or custom?

Historic uniquenesses Four preliminary tribunals Three Human Rights Impact Assessments (HRIAs) 17 amicus curiae briefs Conducted fully online Requests an Advisory Opinion rather than a verdict Included Rights of nature

Complete certified transcript Bedrock lecture series on human rights and climate change Reflection Question 5 What preliminaries would you include? HRIAs? Preliminary tribunals? Amicus briefs?

Lecture series? Art show? Keynote speaker? Outcomes Outcomes so far Outcomes already in the works Outcomes still to emerge Outcomes so far Certified transcript of full Tribunal

Judges preliminary statement Media (e.g., The Sunday Herald, Scotland) Kathleen Dean Moore article The World in Our Hands for the Center for Humans and Nature Assigned in a law class at Widener University School of Law (Delaware) Undermines rights The evidence clearly demonstrates

that the processes of fracking contribute substantially to anthropogenic harm, including climate change and global warming, and involve massive violations of a range of substantive and procedural human rights and the rights of nature. PPT judges preliminary statement, 4 June 2018 Fully online: a

success "..this particular Session of the PPT has been an experiment of collaboration and communication.... The experiment has been a resounding success, with the inevitable but instructive limitations, thanks to the commitment of an organising group which deserves the recognition and gratitude not only of the PPT, but of all those who can

now transform this experiment into a flexible and powerful tool which could allow the struggles of the communities Outcomes already in the works Court findings (this Fall) Presenting transcript and findings to UN and government agencies A book about the tribunal

Articles Outcomes still to emerge Catalog all testimony, arguments and findings for researchers (+ map testimony?) Assign in environmental and human rights law courses Video documentary Mainstream media publicity about the findings

More online human rights tribunals Academic research about this Tribunal Session Reflection Question 6 What outcomes would you like to come from your tribunal? Excellent planning resource

Harbour, Grace, Speak and Be Heard: APWLD Guide to Womens Tribunals, Asia Pacific Forum on Women, Law and Development, 2016 Available here New book Byrnes, Andrew; Simm, Gabrielle. Eds,

Peoples' Tribunals and International Law, Cambridge University Press, 2018 Sentinels [People who bring cases] must be considered sentinels who set off the alarm in identifying rights violations, to alert the authorities with the view of stopping acts against the interest of all society.

Peoples' Tribunals and International Law, Byrnes and Simm (eds), p 153 Questions? Thoughts? TribunalOnFrackin g .org Reflection Question 7

In general, what benefits do you see in peoples tribunals? AO Question 2 Under what circumstances do fracking and other unconventional oil and gas extraction techniques warrant the issuance of either provisional measures, a judgment enjoining further activity, remediation relief, or

damages for causing environmental harm? AO Question 3 What is the extent of responsibility and liability of States and non-state actors for violations of human rights and for climate and environmental harm caused by these oil and gas extraction techniques?

AO Question 4 What is the extent of responsibility and liability of States and non-state actors, both legal and moral, for violations of the rights of nature related to environmental and climate harm caused by these unconventional oil and gas extraction techniques?

Testimony from Charlottesville, VA pre-PPT tribunal Testimony page Ray Kemble (3:54 - 8:15) Robie Goins (2 minutes) Kenda Hanuman (3:28 end)

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