Ethics and Climate

Donald Brown

Ethics and Climate - Donald Brown

Crimes against Humanity:The Genocidal Campaign of the Climate Change Contrarians

Editor’s Note: The lead author of the following article on the climate contrarians is Dr. Robert Nadeau, Professor Emeritus, George Mason University.  I am a minor contributing author. This article continues a series of 15 previous articles on the “Climate Change Disinformation Campaign”  that can be found under that topic in the Index on this website. 

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 Crimes Against Humanity: The Genocidal Campaign of the Climate Change Contrarians.

When scientists make presentations at meetings or conferences on the existing and projected impacts of climate change, they describe in jargon laden language and in emotionally neutral terms what their research has revealed about these impacts. But during informal conversations over a few beers during the evening or late at night, these scientists no longer feel obliged to divorce their scientific heads from their human hearts. On these occasions, they use colorful and often profane language to express their disdain and contempt for the small number of scientists known as global warming skeptics who are well compensated by conservative think tanks for misinterpreting and abusing scientific knowledge.

The scientists involved in these conversations also vent their anger toward the oil and energy companies that sponsor massive disinformation campaigns on radio and television designed to convince Americans that their security, peace and economic well-being are utterly dependent on the consumption of increasing amounts of “clean and plentiful” fossil fuels. They say unkind things about the mangers of the American news media for running endless stories about the human suffering and financial losses caused by extreme weather events and saying nothing about the fact that climate change is contributing to the frequency and intensity of these events. But if the conversation goes on long enough and the hour is late, one or more of these scientists will say what the others firmly believe but are reluctant to admit—the fate of the Earth is sealed by the ignorance, lack of compassion, and inexhaustible greed of its human inhabitants and life on this planet for our children and grandchildren will be little more than a brutal struggle for survival.

The reasons why these empirically oriented rational thinkers have come to this dire conclusion are abundantly obvious in recent scientific research on the existing and projected impacts of climate change. This research has not only shown that massive reductions in worldwide emissions of greenhouse gases over the next two decades will be required to prevent the most disastrous impacts of climate change. It has also revealed that if we fail, as now seems likely, to accomplish this feat, there is a high probability that life on this planet for our children and grandchildren will be little more than a brutal struggle for survival. (Hansen et al. 2013) But as the scientists involved in the late night conversations know all too well, this research is largely ignored by the mainstream media, rarely discussed by political leaders and economic planners, and conspicuously missing in the rancorous public debate about climate change.

The usual explanation why this insane situation exists, as climate scientist Michael Mann put it in a recent article in the New York Times, is that there is a “violent strain of anti-science” in this country which “infects the halls of Congress, the pages of leading newspapers and what we see on television.” (Mann, 2014) What Mann did not say in this article but knows very well is that the primary source of this infection is the well-financed, highly coordinated, and very effective campaign of the climate change contrarians.

The Campaign of the Climate Change Contrarians

This campaign began in the 1980s when some of the same scientists that had been paid by the tobacco industry to challenge the scientific evidence that smoking is harmful to human health were hired by oil and energy companies to challenge the scientific evidence about climate change. (Oreskes and Conway, 2010) The campaign greatly expanded during the 1990s after some increasingly vocal scientists warned that the threats of climate change were menacingly real and government must regulate emissions of greenhouse gases. (Pooley, 2014) The intent of the new coalition of free market think tanks, corporations, right wing conservatives, and billionaires with vested interests in the fossil fuel business was to accomplish one mayor objective. The objective was to convince the American electorate, along with their representatives in government, that there is no scientific basis for believing that climate change is a serious problem caused by human activities.

The phrase that best describes how this case was made on advertisements on radio and television, conservative talk shows, op-eds in major newspapers and magazines, and in the allegedly expert testimony of a small number of “contrarian” scientists is “Big Lie.” The phrase was originally coined by Adolf Hitler in “Mein Kamp” to describe a lie so colossal that is impossible to believe that someone “could have the impudence to distort the truth so famously.” George Orwell later appropriated the phrase in Nineteen Eighty Four and redefined it to mean “to tell deliberate lies while believing in them, to forget any fact that has become inconvenient.”

Orwell also said that the tellers of Big Lies were capable of holding two contradictory truths in mind and believing in both of them. For example, the climate change contrarians repeatedly and earnestly claimed that they were great lovers of science, had enormous respect for scientists, and were only concerned about the uncertainties and lack of scientific rigor in climate science. And yet they launched a full scale attack on the personal and intellectual integrity of climate scientists, did everything possible to destroy their reputations and end their careers, and completely misrepresented and distorted their scientific research.

For example, the campaign launched a full scale assault on climate scientists associated with the Intergovernmental Panel on Climate Change (IPPC) at the University of East Anglia in 2009 after their emails were hacked and widely distributed over the internet. Some of the emails in this “private” correspondence contained unkind words about research done by scientists in the employ of the petroleum industry and others contained statements that could be interpreted out of context as suppressing this research. But in the view of the climate change contrarians, these comments constituted sufficient evidence to charge all IPCC scientists with everything from professional misconduct to engaging in a conspiracy to suppress scientific research that was not in accord with their ideological and political agendas.

Also consider what occurred after two climate change contrarians claimed that IPPC scientists made two scientifically inaccurate predictions about the environmental impacts of global warming in their 2007 report. One of these predictions, the Himalayan glaciers would disappear by 2035, was made in a 738 page working paper and did not appear in the 2007 report. The other prediction about crop failures in North Africa did appear in the background information section of the 3,000 page report but had no bearing whatsoever on the conclusions drawn. Nevertheless, the lawyers for the prosecution in the campaign of the climate change contrarians accused the IPCC scientists of committing fraud and coined the term “climategate” to refer to an alleged conspiracy to cover up or suppress the truth about climate change.

The ability of the climate change contrarians to hold two contradictory truths in mind and believing in both of them was also apparent in an email written by Republican spin doctor Frank Lutz to the Bush administration in 2002: “The scientific debate is closing against us but not yet closed. There is still a window of opportunity to challenge the science. Voters believe that there is no consensus about global warming within the scientific community. Should the public come to believe the scientific issues are settled, their views will change accordingly. Therefore, you need to make the lack of scientific certainty a primary issue in the debate.” (Lutz, 2007)

During the years that followed, the campaign of the climate change contrarians realized this goal by contributing large sums to conservative think tanks and political action groups, funding institutes that produced studies which claimed that there was no scientific consensus about climate change, and lavishly compensating allegedly “independent” scientists who were willing to testify that this claim was valid before Congressional committees. The campaign also used its resources to generate numerous economic analyses which allegedly revealed that any attempts by government to curb emissions of greenhouse gases would have a devastating impact on the American economy. (Broder, 2010)

American Legislative Exchange Council

The unacknowledged legislators of the climate change agenda in the United States are members of an organization known as the American Legislative Exchange Council (ALEC). According to the ALEC website, this organization is committed to “Jeffersonian principles of free markets, limited government, federalism, and individual liberty” and “works to advance fundamental principles of free-enterprise, limited government and federalism at the state level through a nonpartisan public-partnership of America’s state legislators, members of the private sector and the general public.” (ALEC, 2014) What the website does not say is that ALEC provides a forum for corporations to collaborate with members of state legislatures to create model bills which the legislators will later introduce and lobby for in their own legislature. The website also fails to mention that the model legislation is almost entirely written by the corporations and introduced by the legislators without any mention of the source.

new book description for website-1_01Also, nothing is said on this website about the fact that ALEC does not disclose its membership, meets in secret, and the general public are not told where the meetings are held and would be forcefully expelled if they tried to attend. It is also worth noting that the allegedly non-partisan members of state legislatures are right wing Republicans and that prominent and powerful right wing Republicans in both houses of Congress regularly attend the meetings of this secret organization. According the New York Times, special interests have “effectively turned ALEC’s lawmaker members into stealth lobbyists, providing them with talking points, signaling how they vote, and collaborating on bills effecting hundreds of issues.” (McIntire, 2012) -And the Guardian described ALEC as “a dating service for Republican legislators and big corporations, bringing them together to frame rightwing agendas in the form of model bills.” (Pilkington, 2013a)

In December of 2013, the membership of ALEC consisted of 1,801 members of state legislatures, more than 85 members of Congress, fourteen sitting or former governors considered alumni, and about 300 representatives of corporations, foundations, and think tanks. (Pinkelton and Goldberg, 2013) About 98% of the funding for ALEC comes from corporations, trade associations, and corporate foundations and the contributions of the corporations alone are estimated to be $6 million a year. Some of this corporate money is used to pay for “scholarships” that help to cover the costs of the family vacations that legislators take to ALEC conventions at posh resorts in August after their legislative sessions end. (PR Watch, 2011)

The state legislators who are members of ALEC introduce about 1000 pieces of model legislation each year and about 200 or more pass into law. One the first measures signed by then Governor of Texas George W. Bush was model legislation from ALEC that granted corporations immunity from prosecution if they told regulators about their violations of environmental law. Other model legislation from ALEC was designed to accomplish the following: obviate the decision by the Supreme Court to allow the EPA to regulate carbon dioxide and other greenhouse gases as pollutants; grant Congress the authority to block the enforcement of the Clean Air and Water Act; authorize state governments to open up federal lands to oil, gas and coal exploration; eliminate waste reduction and mandatory recycling laws; give legal protections to corporations against the victims of lead poisoning; eliminate federal regulations on coal combustion waste; call on the federal government to approve the proposed Keystone XL pipeline, and criminalize environmental activism. (Steinbruner et. al., 2013)

The Koch Brothers

 The poster children of the campaign of the climate change contrarians are 78 years old Charles Koch and his 73 year old brother David Koch. The Koch brothers are American oligarchs who preside over a vast financial empire and know from experience that money is power and can buy elections and set the political agenda at all levels of government. According to Kenneth Vogel, the “billionaire industrialists Charles and David Koch are among the most dominant forces in American politics, rivaling even the official Republican Party in its ability to shape policy debates and win elections.”(Vogel, 2014)  The brothers managed to accomplish this feat by creating a vast network of politically active non-profits that operate in concert and have a shared ideological agenda. This network is so vast that a detailed diagram of its organization and money flows took up half a page in the print edition of the Washington Post. (Washington Post, 2014) Some of the better known groups in this network are Americans for Prosperity, Heritage Action for America, U.S. Chamber of Commerce, Americans for Tax Reform, and the Club for Growth.

Like most of the other billionaires who support the campaign of the climate change contrarians, the Koch brothers have vested interests in the fossil fuel business. The bothers are 85% owners of a multinational corporation, Koch Industries, whose core business is the refining and distribution of petroleum and the manufacture of chemicals, fiber, minerals, fertilizers, pulp and paper. Koch Industries also owns 2 million acres of land in Alberta, Canada which contains enormous quantities of tar sands oil. The proposed Keystone XL pipeline would carry 800,000 barrels of tar sands oil per day from its source in the Boreal forest in Alberta to the Gulf Coast. If the pipeline is built, the Koch brothers and other billionaires in the fossil fuel business could realize billions of dollars in profits. Not surprisingly, the campaign of the climate change contrarians is doing everything possible to ensure that the pipeline will be approved by the State Department and President Obama.

The message conveyed to the American people in advertisements on radio and television sponsored by this campaign is that tar sands oil is a safe and reliable source of energy and the Keystone XL pipeline will create jobs, promote economic growth, and help to free the United States from dependence on foreign oil. The campaign has also used its considerable resources to dominate and control the public debate about the pipeline and to ensure that virtually nothing is said in this debate about the scientific research on its potential environmental impacts. For example, there has been no mention to my knowledge in the mainstream news media that scientific research has shown that the process of extracting, transporting, refining, and burning of tar sands oil results in significantly higher amounts of greenhouse gas emissions than for conventional oil. (Biello, 2013)  And only a few passing mentions were made in the back pages of the New York Times and the Washington Post of the results of recent scientific studies on the environmental impacts of these emissions.

One of these studies was done by James Hansen, one of the best known and highly respected climate scientists. Hansen and his team calculated how many gigatons (billions of tons) of carbon dioxide is contained in the tar sands oil in the Boreal forest in Alberta. This calculation revealed that the number of gigatons of carbon dioxide contained in tars sands is twice that previously emitted by burning oil during the entire period in which oil has been a source of energy. They then calculated the amount of carbon dioxide that would be in the atmosphere if we fully exploit the tar sands oil and continue to burn the remaining supplies of oil, gas and coal. In this scenario, the concentrations of carbon dioxide in the atmosphere would be higher than in the Pliocene era more than 3.5 million years ago.  Further increases in average Earth temperature would result in the rapid melting of the ice sheets, a sea level rise of at least 50 feet above current levels, and the extinction of twenty to fifty percent of the species on this planet. To put it bluntly, the price that could be paid for the use of all of these “safe and reliable sources of energy” would be an end to human civilization. As Hansen put it in language anyone can understand, “Game over for the climate.” (Hansen, 2012)

If the pipeline is built, the Koch brothers could potentially realize $100 billion in profits from the tar sands oil contained in the 2 million acres of land owned by Koch Industries in Alberta. The net worth of the brothers is now exceeded only by that of Bill Gates, Warren Buffet and Larry Ellison and ranks fourth in the world. Add the potential profits from the tar sand oil and the net worth of the Koch brothers would rank first in the world. The question here is why two impossible rich old men would feel compelled to become even richer by dumping enough carbon dioxide into the atmosphere to create an environmental disaster that would imperil the lives of hundreds of millions of people. The answer, if there is one, is that the Koch brothers, along with virtually all of the other members of their network of politically active groups and shadow government, are true believers in market fundamentalism.

In this quasi-religious belief system, there are two articles of faith that the true believers regard as transcendent and immutable truths. The first is that the dynamics of free market systems can resolve virtually all human problems, including the climate crisis, if they are not interfered with by government. The second is that the growth and expansion of free market systems lifts all boats and serves the greater good and the only legitimate role of government in the management of economic activities is to promote and enable this growth and expansion. This explains why the Koch brothers and the other participants in the campaign of climate change contrarians feel justified in buying elections and creating a shadow government that serves their vested interests and advances their ideological agenda. It also explains why they have no compunctions about subverting and violating the principles of democratic government and telling Big Orwellian Lies about the science of climate change.

There Ought to Be a Law

There are two definitions of crimes against humanity in international law that could apply to the campaign of the climate change contrarians. The first is “grave offences that are part of a widespread and systematic attack against a civilian population,” and the second is “inhumane acts intentionally causing great suffering, or serious injury to body or to mental or physical harm.” (Brown, 2013) -There is no doubt that the Big Lies told by the contrarians about climate science constitute a “widespread and systematic attack against” all of humanity. There is also no doubt that the contrarians were fully aware that they were misleading people in ways that could eventually result in “great suffering, or serious injury to body or to mental and physical harm.” It is not possible for a variety of reasons to charge the Koch brothers and the other contrarians in their vast network with crimes against humanity in the International Criminal Court at The Hague. But we could at least begin to call them by a name that is more appropriate for those who have committed crimes against humanity.

The dictionary definition of a contrarian is a person who takes an opposing view. This implies that a climate change contrarian has a view of climate change that is opposed to and could be as valid as other views. My candidate for a more accurate and appropriate definition of climate change contrarian is as follows: “One who lies about the science of climate change and imperils the human future to protect and enhance his or her financial interests and has no regard for the principles of democracy or the welfare or will of the people of the United States.” But since this definition is too long to routinely use in descriptions of the activities of the contrarians, a better idea might be to add the word genocidal in all future references to their campaign. Hence the new name would be the “genocidal campaign of the climate change contrarians.”

One can hope that the Koch brothers and the members of their vast network will have a crisis of conscience and use their money, power and influence to prevent the ecological disaster they are now in the process of creating. But in the likely event that this does not happen, those of us who care about the human future must be prepared and willing to wage a war aptly described by the American philosopher William James: “What we need to discover in the social realm is the moral equivalent of war: something heroic that will speak to men as universally as war does, and yet will be compatible with their spiritual selves as war proved itself to be incompatible.” (James, 1902)

The soldiers in the volunteer army that wages the moral equivalent of war must not only be prepared and willing to publicly challenge the Big Lies told by the contrarians about climate science and to expose and ridicule the motives of the tellers of these lies. They must also be prepared and willing to fight all the battles required to replace the Koch shadow government with a government that will work tirelessly to prevent an ecological disaster on a scope and scale that is virtually impossible to even imagine. The weapons that will be useful in fighting these battles are protests, rallies, town meetings, boycotts, and political campaigns promoted and organized with videos, documentaries, films and web-based communications networks.

Many people will be understandably reluctant for both personal and professional reasons to respond to this call to arms in a war compatible with their spiritual selves. But what is at stake in this war is not access to scarce national resources, the balance of power between nation-states, or the economic and political hegemony of the United States. It is a human future in which our children and grandchildren can live secure, rich and meaningful lives on a flourishing Earth. This is not merely the work of an age, but a work that could preserve the memory of all ages, and it hard to imagine that anyone could serve a greater good or answer to higher calling.

References:

ALEC Web Site. 2014. http://www.alec.org

David Biello, 2013, How Much Will Tar Sands Oil Add to Global Warming?” Scientific American, January 23, 2013.

Broder, John, 2010, Climate Change Doubt is Tea Party Article of Faith, New York Times, October 21, 2010.

Brown. D., 2013,  “The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?” Ethicsandclimate.org, http://blogs.law.widener.edu/climate/2013/01/30/the-climate-change-disinformation-campaign-what-kind-of-crime-against-humanity-tort-human-rights-violation-malfeasance-transgression-villainy-or-wrongdoing-is-it-part-one-is-the-disinformation/

Center for Media and Democracy, 2014, ALEC Exposed, http://alecexposed.org/wiki

Hansen, J., Kharecha P., Sato M., Masson-Delmotte V., Ackerman F., et al.,2013, Assessing Dangerous Climate Change: Required Reductions to Protect Young People, Future Generations and Nature,” PLoS One 8(12). Vermeer M., Rahmstorf S. (2009) Global Sea Level Rise Linked to Global Temperature, Proceedings National Academy Sciences USA PubMed NCBI Google Scholar; Grinsted A., Moore J., Jevrejeva S. (2010) Reconstructing Sea Rise from Paleo and Projected Temperature Rise, PubMed/NCBI Google Scholar; Liu J., Song M., Hu Y., Ren X. (2012) Changes in the Strength and Width of the Hadley Circulation, PubMed/NCBI Google Scholar; Parmesan C., Ecological and Evolutionary Response to Recent Climate Change,  Annual Review of Ecology and Evolution of Systems 2006, 37: 637-639; 7: 2287-2312; Marshall J. and Soloman S., editors, Intergovernmental Panel on Climate Change., Climate Change 2007 (New York: Cambridge University Press, 2007); Final Report of Synthesis and Assessment Product,” 4.1, 4.2, 2.3, 1.2. U.S. Climate Change Science Program, avail from: www.usgcrp.gov;Rahmstorf S., Coumou D. (2011) Increase in Extreme Weather Events in a Warming World, Proceedings National Academy Sciences USA PubMed/NCBI Google Scho

Hansen,  J., 2012,  Game Over for the Climate,”New York Times, May 9. 2012.

James, W., 1902, The Varieties of Religious Experience, (New York: Longmans Green), p. 367.

Lutz, F., 2007,  quoted in http://www.straight.com/article-67107/trust-us-were-the-media

McIntire, Mike, 2012,  Conservative Nonprofit Acts as a Stealth Business Lobbyist, New York Times, April 21, 2012.

Mann, M., 2014, If You See Something, Say Something, New York Times, Jan. 17, 2014.

Oreskes, Naiomi and Conway, Eric , 2010, Merchants of Doubt, How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming, Bloomsbury Press, New York, p. 39.

Pooley, E , 2010.  Climate Wars, True Believers, Power Brokers and the Fight to Save the Earth, Hyperion, New York, p. 39.

Pilkington, Ed, 2013, Obamacare Faces New Threat at State Level from Corporate Interest Group ALEC, Guardian, November 20, 2013.

Pilkington, Ed and Goldberg, 2013, Suzanne. ALEC Facing Funding Crisis from Donor Exodus in Wake of Trayvon Martin Row, Guardian, December 2, 2013

PR Watch, 2011,  A CMD Special Report on ALEC’s Funding and Spending,  http://www.prwatch.org/news/2011/07/10887/cmd-special-report-alec

Steinbruner et. al., 2013,  ALEC and the Environment: ALEC Exposed, http:www.nap.edu.catalog.php?record-id=14882)

Vogel, D.,  2014, Koch World 2014, January 29, 2014, Politico, http://dyn.politico.com.

Washington Post, 2014, An Amazing Map or the Koch Brothers Massive Political Network, January 6, 2014.

By: 

Robert L. Nadeau, Ph.D.

Professor Emeritus

George Mason University Widener University School of Law

Fairfax, Virginia 22030

Email: robnadeau@verizon.net

 

Donald A. Brown

Scholar in Residence and Professor

Harrisburg, Pennsylvania

Email: dabrown57@gmail.com

 

 

The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part Two: Is The Disinformation Campaign a Human Rights Violation Or A Special Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing ?

This is the second in a series looking at how to classify the climate change disinformation campaign given that it is some new kind of assault on humanity,  yet not easily classifiable into existing categories of behaviors that cause great harm.  Part One of this series identified four prior articles and three videos that Ethicsandclimate.org has previously produced on this subject as well as looking at whether this effort to undermine the mainstream scientific view about climate change can be classified as a crime against humanity or a tort under common law.  These previous articles distinguished the tactics of the disinformation campaign from responsible skepticism and the acceptable exercise of free speech after explaining what is meant by the “climate change disinformation campaign” and how it operated.

I. Is The Climate Change Disinformation Campaign A Human Rights Violation?

A. Introduction

A very strong case can be made that human-induced climate change triggers human rights violations because of the destructive nature of climate change damages. If human rights are to be understood to be recognition of those norms that are necessary to protect human dignity, inadequate climate change policies must be understood to trigger human rights violations because climate change will not only make human dignity impossible for millions of people around the world, including countless members of future generations but also directly threaten life itself and resources necessary to sustain life. And so, as we shall see,  climate change causing activities create human rights violations because of the enormity of harm to life, health, food, property, and inviolability of the right of all people to enjoy the places where they live.

Yet finding legal remedies under human rights legal theories for the the destructive role that the disinformation campaign has played in preventing or delaying solutions to climate change will require finding at a minimum: (a) a specific human right under and an existing human rights regime that has been violated by climate change, (b)  a human rights regime that has the jurisdiction and legal authority  to grant the requested remedy in the specific human rights controversy before it, (c)  a legal theory supporting the claim that non-state actors, not just governments, responsible for the violations of human rights have duties to prevent human rights, and (d) a legal justification to link the duties of non-state actors to prevent human rights violations to the activities of the disinformation campaign.

B. Which human rights are violated by climate change and do human rights fora have the authority to adjudicate claims based upon the tactics of the disinformation campaign? 

The 1948 Universal Declaration of Human Rights (UDHR) is usually viewed to be the foundational document in modern international human rights law. (UN, 1948). The UDHR is a non-binding ‘soft-law’ agreement among nations that over time has been complemented by a series of legally binding international treaties while retaining its status as customary international law. Because it is customary international law it could be relevant to damage claims made in civil litigation requesting damages in cases before international courts such as the International Court of Justice.

The two most important global human rights treaties in addition to the UDHR often stated to be the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

The Universal Declaration on Human Rights identifies the following as entitled to rights protections that are relevant to climate change:

 (a) Life, liberty, and security of person. (Article 1)

(b) Right to an effective remedy by national tribunals for violations of fundamental or constitutionals rights. (Article 8)

(c) Full equality to a fair public hearing by an independent and impartial tribunal, in the determination of a person’s rights and obligations. (Article 10)

(d) Freedom from arbitrary interference with privacy, family, home or correspondence. (Article 12)

(e) Freedom from being arbitrarily deprived of property. (Article 17)

(f) Right to a standard of living adequate for the health and well being of himself and his family, including food,  clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (Article 25)

(g) Rights to a social and international order in which the rights and freedoms can be fully recognized. (Article 28) (UN1948)

 The International Covenant on Economic, Social, and Cultural Rights (ICESCR) identifies the following as entitled to rights protections relevant to climate change protections:

 (a) The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. (Article 11)

(b) The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

a. To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

b. Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

(c) The right of everyone to the enjoyment of the highest attainable standard of physical and mental health… The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:… (c) prevention, treatment  and control of epidemic, endemic, and occupational and other diseases. (Article 12)

The International Covenant on Civil and Political Rights (ICCPR) identifies the following as entitled to rights protections that are relevant to climate change protections:

(a) Inherent Right to Life. This right shall be protected by law. (Article 5)

(b) Right to be protected from arbitrary and unlawful interference with his privacy, family, home…. (Article 15)

A strong case can be made that climate change prevents people all around the world from enjoying the above rights.

These three documents i.e. the UDHR, the ICESCR, and the ICCPR are often considered to be the foundational documents that comprise an international bill of rights. Yet not all nations have adopted all three documents. Although the UDHR has been accepted by most nations of the world, the ICPCR and ICCPR have been less widely so.  In fact the ICESCR has not been ratified by the United States and therefore may be inapplicable to climate change caused human rights violations in the United States. To date, these two treaties have been ratified by about 75 percent of the world’s countries.  The UDHR is a “soft-law” document which has normative,  but not legal force in the international system. The ICESCR and ICCCPR  were the first of many treaties that have been enacted to give the protections identified in the UDHR the force of law.

A country ratifying a UN human rights treaty agrees to respect and implement within domestic law the rights the treaty covers. It also agrees to accept and respond to international scrutiny and criticism of its compliance. It does not necessarily agree to make the human rights norm directly enforceable in domestic courts. That usually requires implementing legislation.

Treaty enforcement is accomplished within the UN often with the creation of a body to monitor states’ performance, and to which member states are required to submit periodic reports on compliance.   For instance, the ICCPR is implemented through the Human Rights Committee (HRC) which was created to promote compliance with its provisions. The HRC frequently expresses its views as to whether a particular practice is a human rights violation, but it is not authorized to issue legally binding decisions.   Other treaties and bodies exist within the UN system with varying enforcement and implementation powers and duties to implement human rights goals.  For the most part, these enforcement powers are weak and  improvements in human rights violations are best achieved through holding offending nations to the court of international opinion rather than law.

In addition, several regional human rights regimes have been enacted that promote human rights in particular parts of the world. These regions include Europe, the Americas, and Africa which have their own declarations and conventions for enforcement of human rights on a regional basis.

Thus far no one has successfully brought a human rights claim for climate change caused damages although the Inuit Peoples filed such a claim in the Inter-American Commission on Human Rights. Before a successful human rights claim can be brought in an existing legal forum in regard to climate change, several potential legal hurdles need to be overcome that have little to do with whether a nation or an individual  has committed a human rights violation. These hurdles include jurisdictional, issues, questions of proof, and authority of the relevant forum.  For this reason, the failure to successfully bring legally recognized human rights claims may have little to do with whether the offending behavior has created a violation of the protected right but more with the limitation of the existing legal regime. And so, the failure to bring a successful action against the climate change disinformation campaign in an existing human rights forum does not mean the disinformation campaign is not responsible for human rights violations.

Examining climate change through a human rights lens has the benefit of providing potential access to legal fora that have been created to adjudicate aspects of human rights violations. Given that there are no obvious legal fora to bring civil actions against those who have participated in the climate change disinformation campaign, pursuing remedies for human rights violations caused by climate change has the advantage of being able to file legal claims in existing judicial fora.

Potential fora include, at the global level, the Human Rights Committee established by the International Covenant on Civil and Political Rights and the Committee on Economic, Social and Cultural Rights established by the International Covenant on Economic, Social and Cultural Rights. Regional tribunals include the Inter-American Commission and Court of Human Rights and the European Court of Human Rights. In addition, claims could potentially be pursued in national courts–for example, in the United States under the Alien Tort Statute.

Yet each of these fora have different jurisdictional limits on bringing legal actions on human rights basis. In this regard, a case brought on behalf of the Inuit Peoples in the Inter-American Commission on Human Rights sought to find that the United States was responsible for international human rights violations is illustrative of potential road blocks to bringing successful cases for human rights violations in existing legal rights fora.

The petition detailed the effects of rising Arctic temperatures on the ability of the Inuit to enjoy a wide variety of human rights, including the rights to life (melting ice and permafrost make travel more dangerous), property (as permafrost melts, houses collapse and residents are forced to leave their traditional homes) and health (nutrition worsens as the animals on which the Inuit depend for  sustenance decline in number). The petition connected the rising temperatures to increasing levels of greenhouse gases, and in particular, to the failure by the United States to take effective steps to reduce its emissions.

In November 2006, the Commission informed the petitioners
that it had determined that “it will not be possible to process your
petition at present.” The IACHR did not explain its reasoning, stating only that “the information provided does not enable us to determine whether the alleged facts would tend to characterize a violation of [protected human] rights.” The Commission did hold a hearing on the connection between climate change and human rights in March 2007, but it has taken no further action.

It would appear that IACHR did not believe it had the legal authority to order the specific relief requested by the petitioners, namely to issue an order to the United States to reduce its greenhouse gas emissions. And so the IACHR did not decide the case on the merits of the underlying claim that the United States had contributed to human rights violations of the Inuit people, it appeared to decline to act on the basis of legal issues about its own authority.

(B) Do the duties to prevent human rights violations bind  non-state actors including corporations?

It is not clear as of yet the extent to which human rights regimes create duties for individuals and corporations, that is non-state actors. Bodansky summarizes the current state of this legal question.

[A] crucial question is whether the duties to respect, protect and fulfill apply to private actors as well as states. International criminal law demonstrates that international law can in some case impose duties directly on individuals, and some have proposed that corporations have duties to respect human rights. So, at least in theory, human rights law could impose a duty on private actors to respect human rights by limiting their emissions of greenhouse gases. But generally, human rights law – like international environmental law – imposes duties on states rather than on corporations. If this is true of climate change,then human rights law limits the activities of non-state actors only to the extent that states have a duty to protect against climate change by regulating private activities.

And so, it is not clear whether the corporations that have participated in the disinformation campaign can be sued in the various human rights tribunals, yet nations may have a duty to regulate emissions from those corporations participating in the climate change disinformation campaign under human rights theories.

(C) Are  the participants in the disinformation campaign liable for contributing to human rights violations? 

A final issue that needs to be overcome to successfully bring a legal action against the participants in the disinformation campaign for violating civil rights of people around the world is identifying a legal basis for concluding that the disinformation campaign unlawfully caused the violation of civil rights. Because most of the participants in the disinformation campaign are corporations that are also emitters of greenhouse gases, these corporations like all greenhouse gas emitters arguably have duties to reduce their greenhouse gas emissions to levels that in combination with other emitters do not deprive people around the world from enjoying legally protected rights. Yet it is not clear, that the tactics of the disinformation campaign alone make the participants in the disinformation campaign responsible for human rights violations by themselves.

However, most governments make it a crime for individuals to conspire to deprive people of their human rights. For instance, under US law it is a crime for persons to conspire to deprive another of the  rights of an individual that has been secured by the individual through the United States Constitution or through any other laws of the United States. Although this specific law has not been tested in regard to climate change, it is generally viewed to be a breach of civil and sometimes criminal law to conspire to deprive people of their rights. As we saw in Part One of this series, the Plaintiffs in the case of Kivalina versus ExxonMobil et al asserted that the fossil fuel companies that have been part of the disinformation campaign conspired to harm the residents of Kavalina. And so there may be sufficient facts about the disinformation campaign that could form the basis of a claim that if proven could be the basis for finding responsibility for individuals participating in the climate change disinformation campaign yet only an actual case will test this possibility.

(D) Conclusions in regard to classifying the disinformation campaign as a violation of human rights.

There is little question that the more than 20 year delay in taking action on climate change in the United States for which the disinformation campaign is at least partially responsible for has prevented people around the world from enjoying a host of human rights that are now recognized in a variety of human rights regimes around the world. Yet, as was the case in categorizing the disinformation as a crime against humanity or a common law tort, there may be no existing legal remedy under existing human rights law that can be deployed to deal with the harms created by those  participating in the disinformation campaign. And so once again, there may be serious deprivations of human rights caused by the disinformation campaign without legal remedies. Only time will tell whether those who have been harmed by climate change will be able to successfully bring a legal action against those engaged in the disinformation campaign for damages.

II. What Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing is The Behavior of the Disinformation Campaign?

We have seen thus far from the previous analysis in this two part series that there may be no legal remedy under existing law relating to crimes against humanity, civil tort, or human rights law for the harms caused by the climate change disinformation campaign. Yet the harms attributable to the disinformation campaign are so potentially catastrophic to hundreds of millions of people around the world that laws relating to crimes against humanity, civil tort, and human rights should be amended to provide legal sanctions under these legal theories for at least for the more egregious tactics that have sometimes been deployed by some participants in this campaign.

Yet there is no doubt that some of the tactics deployed by the disinformation campaign, to be distinguished from responsible skepticism that should be encouraged, constitute some kind of malfeasance, transgression, villainy, or wrongdoing. To understand the full moral abhorrence of the disinformation campaign, a complete description of the tactics employed by the disinformation campaign is necessary and how the moral abhorrence of these tactics can be distinguished from the reasonable exercise of free speech, the right of individuals to express opinions, and the benefits to society from skeptical inquiry.  Ethicsandclimate.org reviewed these issues in four articles and three videos. These prior articles explained what is meant by the disinformation campaign, distinguished the tactics of the campaign from responsible scientific skepticism which should be encouraged, and described how the disinformation campaign was funded and organized.

The four part written series can be found at:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to a Series.

2.Ethical Analysis of the Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign.

The three part video series can be found at:

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent.

The Ethical Abhorrence of The Climate Change Disinformation Campaign, Part 2.

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3.

We particularly recommend the first video for an overview of why the disinformation campaign is so morally abhorrent. Here it is:

httpv://www.youtube.com/watch?v=qPdMFYMJ8dc

 

This video explains how destructive the disinformation campaign has been in preventing or delaying government action to reduce the threat of climate change.

In summary, at least some of the tactics of the climate change disinformation campaign are some new kind of assault on humanity which could be dealt with under expanded legal theories about crimes against humanity, civil tort, or human rights.

The philosopher Hans Jonas argued that the potential of new technologies to create great good and great harm creates the need to establish new social norms about how to deal with scientific uncertainty. Following Jonas’ logic, the enormity of potential harms from a problem like climate change creates the need to establish new norms about the need to be extraordinarily careful about claims that there is no danger threatened by certain human activities.  We have examined in the last of the four articles above, what these new norms might look like given the need to encourage responsible skepticism yet assure that assertions that there is no danger are made responsibly. Because the climate change disinformation campaign deployed tactics that were designed to undermine the scientific basis that supported taking policy action to reduce the threat of climate change and in so doing used tactics that are ethically abhorrent, the climate change disinformation campaign should be used to develop new legal and moral norms about the need to be responsible when discussing very dangerous human activities. Just as it would be morally abhorrent for someone to tell a girl who is lying on a railroad track that she can continue to lie there because no train is coming when that person did not have reliable knowledge that no train was coming while having an economic interest in the girl staying on the track,  so it is deeply ethically troublesome for those engaged in the disinformation campaign to tell the US people that there is no evidence that fossil fuels are causing climate change without subjecting their claims to the rigor of peer-review.

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Five Grave Communications Failures of The US Media On Climate Change

This video examines 5 grave tragic communications failures of the US media on climate change.

These include the failure to communicate;

  1. The strength of the scientific consensus
  2. The civilization challenging nature of the magnitude of greenhouse gas emissions reductions needed to prevent dangerous climate change
  3. The barrier that the United States has been in international climate negotiations that have been ongoing since 1990 to achieve a global solution to climate change
  4. The essential ethical and moral nature of the climate change problem, a fact that has profound significance for policy formation
  5. The nature of the climate change disinformation campaign.

 

By: 

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3

This is the third in a three part video series that looks at the ethical obnoxiousness of the climate change disinformation campaign. All three of these are available on http://ethicsandclimate.org. The first in the series introduced the concept of the disinformation campaign that has been described in a rich sociological literature while explaining why this movement has been so ethically abhorrent. The second entry looked at some of the specific tactics of this campaign while distinguishing this phenomenon from responsible skepticism. This entry continues the examination of specific tactics and concludes with lessons learned about this disinformation campaign.

 

 

To view the other two videos in this series see the two proceeding entries on this website.

 

A much more detailed four part written analysis of the disinformation campaign is available on this website under the category of “climate disinformation.”

The series is:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to A Series Series.

2.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3. Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

 

B y:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com