The United Nations Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, has urged justice systems worldwide to strengthen their response to the climate crisis, warning that climate change poses an existential threat as legal professionals face growing interference and attacks for enforcing environmental commitments,
In a report to the UN General Assembly, the UN Special Rapporteur examined the challenges and threats confronting justice operators seeking to uphold or enforce the climate-related obligations of governments and private actors.
“The United Nations system, including the International Court of Justice, has called for States to put all available means at their disposal to prevent environmental harm. Nevertheless, when justice systems seek to uphold the many climate commitments made by Member States, they are systematically undermined, disregarded, or subject to improper influence, threats or attacks.”
Margaret Satterthwaite
The UN expert warned that despite growing scientific consensus and increasingly clear legal standards on climate change, many countries had failed to make the necessary adjustments to ensure effective legal action in environmental cases.
Political and Economic Interests Undermine Climate Justice
Margaret Satterthwaite warned that powerful economic and political actors were using their influence to obstruct the transition away from carbon-based systems, including by undermining justice institutions and the rule of law.
According to the report, judges, prosecutors, lawyers and community justice workers face significant barriers when attempting to engage with, enforce or reform legal obligations relating to climate change.
These challenges arise even as international institutions increasingly recognise the need for governments to take effective measures to prevent environmental harm and fulfil their climate commitments.
The Special Rapporteur cautioned that justice systems cannot effectively enforce such obligations when their work is disregarded or subjected to improper influence, threats and attacks.
She also raised concerns about the criminalisation of environmental defenders and the use of legal proceedings to discourage public participation in environmental protection.
The UN expert specifically highlighted strategic lawsuits against public participation (SLAPPs), which can be used to burden or intimidate individuals and groups speaking out on matters of public interest.
She called on governments to end the criminalisation of environmental defenders and the instrumentalization of legal processes against them, stressing that judicial independence must be protected if climate-related obligations are to be enforced effectively.
UN Calls for Stronger Judicial Capacity in Climate Cases
In addition, the report calls for justice systems to receive the resources, training and institutional support needed to handle increasingly complex climate-related disputes.
Margaret Satterthwaite emphasised the importance of strengthening judicial independence while equipping justice operators with the scientific knowledge and legal expertise required to assess environmental cases.
She identified several approaches that can improve the handling of climate litigation, including specialised tribunals or judicial benches, adapted procedural rules in ordinary court proceedings, science-based judicial education and effective remedies tailored to the circumstances of individual cases.
Such measures help judges and other justice operators navigate the scientific evidence, legal obligations and institutional challenges associated with climate change.
The report also stresses the importance of international cooperation and coordination, particularly as climate-related disputes involve obligations and consequences that can extend across national borders.
Satterthwaite argued that these reforms must be supported by political will, warning that technical improvements alone would not be sufficient if governments and influential interests continued to interfere with judicial processes.
“The independence of justice systems must be secured, and they must be supplied with resources, training and opportunities for international cooperation and coordination, all underpinned by political will.”
Margaret Satterthwaite
The Special Rapporteur further urged States to avoid politicising questions of judicial competence in climate law and science, insisting that the ability to adjudicate environmental disputes should not be confused with political activism.
Judges Urged to Decide Environmental Cases Without Fear
Also, Margaret Satterthwaite maintained that courts must be prepared to address climate-related cases regardless of political opposition, arguing that judicial competence in environmental matters is essential to the proper administration of justice.
She rejected the suggestion that preparing judges to handle climate litigation amounted to activism, emphasising that their responsibility is to determine cases independently and in accordance with the law.
“Capability in environmental cases is in no way ‘activism’. These cases will come to court whether political representatives agree or not, and judges must decide them without fear or favour.”
Margaret Satterthwaite
She added, “it is in everyone’s interests for justice actors to be prepared when they do.”
READ ALSO: NAIMOS Destroys 1,970 Changfang Machines In Anti-Galamsey Operations
