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'Court for Intergenerational Climate Crimes' (2021-2022),door Radha D’Souza & Jonas Staal. Foto: Ruben Hamelink Geproduceerd door Framer Framed, Amsterdam.

The Intergenerational Climate Crimes Act

The Intergenerational Climate Crimes Act [2021 (Christian); 1443 (Hijri), Pilava (Tamil), 2078 (Gujarat), 1943 (Western India), 2564 (Thailand), 1400 (Persia), 5782 (Hebrew), 4718 (China), 110 (North Korea)] [1]


AN ACT TO ABOLISH INTERGENERATIONAL CLIMATE CRIMES, TO ESTABLISH INTERGENERATIONAL RELATIONSHIPS OF SOLIDARITY AND COMRADESHIP AMONG HUMAN, AND HUMAN AND NON-HUMAN SPECIES, ESTABLISH THE COURT FOR INTERGENERATIONAL CLIMATE CRIMES, AND PROPOSE MEASURES TO REMEDY THE ABUSE OF INTERGENERATIONAL AND INTER-SPECIES RELATIONSHIPS IN THE PAST BY CERTAIN PERSONS.

BE IT ENACTED BY THE ASSEMBLY OF ALL THOSE PRESENT, IN THE NAME OF THE HUMAN AND NON-HUMAN ANCESTORS, MOTHER EARTH AND THE COSMOS, AND BY THE AUTHORITY OF THOSE PRESENT IN THIS ASSEMBLY IN THEIR CAPACITIES AS THE ANCESTORS OF FUTURE GENERATIONS:-

28th October 2021 of the Christian calendar and corresponding dates, months and years in all other calendars.


 

  1. TITLE AND COMMENCEMENT

This Act shall be called the Intergenerational Climate Crimes Act.

The Act shall come into force on 28 October 2021 in the Christian calendar and corresponding dates, months and years in other calendars.

  1. INTERPRETATION:

In this Act:

2(1) “Climate” means the conditions necessary for reproduction of every species, including but not limited to:

  1. a. Patterns of weather in an area within living memories of humans;
  2. b. Patterns of weather in an area that were necessary for non-human species to survive in the past;
  3. c. Patterns of weather in an area that were necessary for humans to reproduce the conditions necessary for individual, social and cultural life;
  4. d. Ecological conditions necessary for reproduction of different species;
  5. e. Socio-ecological conditions necessary to sustain reciprocal relationships between humans and non-humans;
  6. f. Social conditions necessary for the survival of human societies and cultures.

2(2) “Humans” means a concept-dependent herd animal that requires pre-existing concepts to negotiate the world around them and has capacities to make judgments and to review, reassess, modify, alter, change, and repudiate individual and collective behaviour in a manner that may or may not be in the interests of future generations of humans and/or non-humans.

2(3) “Intergenerational” includes all past, present and future generations.

For the purposes of this Act, it is clarified that:

  1. a. The term intergenerational is not limited to a single step in the line of descent from an ancestor;
  2. b. The meaning of a generation is not limited to thirty years or other definitive numbers of years;
  3. c. A generation may be of a different length of time for different species;
  4. d. Intergenerational relationships include relationships between humans, between non-humans and between humans and non-human species;
  5. 2(4) “Legal entities” are legal artefacts established by a group of persons with authority to do so for the purposes of limiting their environmental, social and legal liabilities, and responsibilities arising from their activities.
  1. a. For the purposes of this Act a state established under any constitution is a legal entity.

2(5) “Market Based Communities” means groups of people who form associations, legal entities, voluntary self-help groups or other unions for the purpose of buying and selling or trading something in markets established for such transactions and activities related to the transactions.

 

2(6) “Non-humans” means all other species in the past, present, or future, that are living, have lived, or will live in the future;

  1. a. It is clarified that non-humans include any natural phenomena like water bodies, including rivers, rivulets, streams, ponds, lakes, seas, and oceans; rock formations including mountains, hills, ranges, caves, crevices and such; plant species of any variety and any other life-form that is subject to its laws including birth, death, deterioration and regeneration.
  2. b. It is clarified that humans and non-human species may have more or less shared attributes and characteristics.

 

2(7) “Person” means any living being subject to laws of Life, i.e. birth, life, death and regeneration cycles over periods of time as appropriate for each species.

  1. a. “Person” does not include a “legal person” i.e. legal artefacts that are conferred with human attributes by the fiat of law.

 

2 (8) “Place Based Communities” means groups of people who live in a place including a region, or area, or locality, and by virtue of doing so, constitute a community.

a. “Place Based Communities” may differ in size, numbers of people, and/or scale of operations;
b. “Place Based Communities” may collectively determine the most effective ways of governing and discharging their responsibilities of guardianship over present and future generations and their natures managing their communities and their ecologies consistent with the provisions of s.5 of this Act.

2 (9) Interpretation of words and meanings in any existing statute adopted by any legal entity shall be consistent with the meanings of terms in s.2 and the aims and objectives of this Act.

 

  1. INTERGENERATIONAL CLIMATE CRIME

3(1) An “Intergenerational Climate Crime” is committed when a group of persons acting as a single “legal person” in the name of a legal entity as defined in s.2(4), under the laws established by themselves, engage in acts of commission and/or omission, or engaged in acts of commission and/or omission in the past, that harm or harmed, destroy or destroyed, violate or violated or otherwise adversely impact or impacted the conditions necessary for the reproduction of any species, including but not limited to:

  1. a. Acts of commission and/or omission, in the past and/or present, that harm/harmed, destroy/destroyed, violate/violated, or otherwise adversely impact/impacted upon weather patterns in the short or long term;
  2. b. Acts of commission and/or omission, in the past and/or present, that harm/harmed, destroy/destroyed, violate/violated or otherwise adversely impact/impacted upon weather patterns in an area, as a result of which the survival of non-human species became or has become difficult or impossible;
  3. c. Acts of commission and/or omission, in the past and/or present, that harm/harmed, destroy/destroyed, violate/violated or otherwise adversely impact/impacted upon relationships of mutual dependence and reciprocity between species or within species, human or non-human; and/or introduce/introduced adversarial relationships between them.
  4. d. Acts of commission and/or omission, in the past and/or present, that displace/displaced people from places, fragment/fragmented communities, and destroy/destroyed cultures.

 

  1. COURT FOR INTERGENERATIONAL CLIMATE CRIMES

4(1) A Court for Intergenerational Climate Crimes shall be established under this Act.

4(2) The Court shall have the authority to hear complaints about intergenerational climate crimes committed in the past and present, and acts having impacts upon future generations from any person or persons acting on behalf of themselves, and/or their communities, and/or their ancestors, and/or non-humans, and/or future generations.

4(3) The court may receive evidence, hear witnesses and make such inquiries as may be necessary to do real and substantial justice to humans and non-humans, past, present and future.

4(4) All hearings shall be in open court.

4(5) Persons present at the hearings in their capacities as ancestors of future generations shall constitute the jury.

 

  1. PENALTIES FOR INTERGENERATIONAL CLIMATE CRIMES

5(1) “Legal persons” as defined in s.2(4) who engage or engaged in intergenerational climate crimes shall be dissolved and divested of their legal personhood.

5(2) Upon dissolution of any legal entity the human persons acting in the name of the legal entity and aiding, abetting and/or inciting intergenerational climate crimes under s.3 of this Act shall be automatically divested of their authority to act in the name of that legal person.

5(3) Such human persons, including managers, executives, officials and other personnel, who were at the time of dissolution employed by the legal entity, will be eligible to join a Place Based Community in any place subject to being accepted by the Community, on such terms and conditions as the Community may impose.

5(4) Upon dissolution, any assets of the legal entity shall become social assets and handed over to the Place Based Community affiliated to the place where the assets are located.

5(5) Place Based Communities may determine how they wish to use, reuse or not use the assets of dissolved legal entities in their places, regions, areas or localities consistent with the principles of ecological and social regeneration and restoration set out in this Act.

 

  1. GENERAL PRINCIPLES FOR GOVERNANCE OF PLACE BASED COMMUNITIES

6(1) Place Based Communities may collectively determine ways of establishing systems of guardianship to build and sustain regenerative and restorative relationships between humans, between humans and non-human species including animals, plants, fungus, water, forests and land subject to the general principles set out in this section.

6(2) Place Based Communities will, at all times, be guided by principles of restoration and regeneration of natures and cultures, including species, waters, forests, lands and human communities as necessary according to the specificities of their places, regions, areas or localities.

6(3) Place Based Communities will prohibit sale of land, forests, water and minerals in their places, regions, areas or localities when organising their livelihoods, and the production of goods and commodities necessary for their communities.

6(4) Place Based Communities will prohibit sale of human labour of members of their communities directly or indirectly.

6(5) Place Based Communities may however use their labour power to work with their own natures and ecologies, as local conditions may permit, to produce goods and commodities for sale beyond their places, regions, areas, or localities.

6(6) Place Based Communities will place ecological relationships at the centre of their laws to sustain livelihoods and nurture interdependence of species.

6(7) All human persons shall share positions of responsibility, care, and authority for Place Based Communities and ecologies of any place, region, area or locality equally within the governing structures of such Place Based Communities.

6(8) Place Based Communities will develop systems for dispute resolution to settle differences within their community.

6(9) Place Based Communities will establish systems for defending their natures, ecologies, communities, and cultures from hostile attacks by legal entities.

 

  1. TRANSITIONAL ARRANGEMENTS

7(1) Place Based Communities may put in place short term and long-term transitional arrangements to restore and regenerate natures, ecologies, communities, and cultures destroyed by legal entities. Such transitional arrangements may include:

  1. a. Emergency plans for revival and survival of human and non-human species, waters, forests and lands;
  2. b. Arrangements for defence of places if, and only if, attacked or harmed by persons continuing to act in the name of the dissolved legal entities;
  3. c. Arrangements for guardianship, including modifications and changes to existing institutions and entities, as may be necessary temporarily.

7(2) Market Based Communities may put in place transitional arrangements to transition from Market Based Communities to Place Based Communities affiliated with specific places.

  1. a. Such transitional arrangements may include recognition of market associations and organisations for limited periods of time;
  2. b. Such transitional arrangements shall not include recognition of legal personality or personhood of legal entities.

 

  1. ESTABLISHMENT OF INTERCOMMUNITY SOLIDARITY AND COOPERATION

8(1) Place Based Communities will create intercommunity and inter-regional bodies that will establish systems of solidarity, support and cooperation between them, and promote good relations between their natures, ecologies, communities, and cultures, including their non-human species, lands, waters, forests and people in their regions, areas and localities.

8(2) The bodies established for intercommunity solidarity and cooperation will share knowledge, expertise and experiences of restoration and regeneration of their natures, ecologies, communities, and cultures on the basis of reciprocity and well-being of all species in their regions or areas.

 

  1. REPEAL AND AMENDMENTS

9(1) This Act does not envisage repeal of the general principles of Place Based Communities.

9(2) Place Based Communities may, however, make, modify, amend, or introduce such measures as may be necessary to give effect to the general principles stated in s.5 as the specific conditions in their places, regions, areas, or localities may require.


[1] The Intergenerational Climate Crimes Act is published by Radha D’Souza and Jonas Staal under Creative Commons BY-NC-ND 4.0

 



CICC /

Exhibitions


Court for Intergenerational Climate Crimes - Jonas Staal

Exhibition: Court for Intergenerational Climate Crimes

A project by Radha D'Souza and Jonas Staal

Agenda


Climate Narratives: The Intergenerational Climate Crimes Act

Presentation of the verdicts in the CICC cases held in October 2021
Public Hearings: Court for Intergenerational Climate Crimes
Comrades past, present and future vs. the Dutch State, Unilever, ING and Airbus
Opening: Court for Intergenerational Climate Crimes
by Radha D’Souza and Jonas Staal, commissioned by Framer Framed

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Radha D'Souza

Radha D'Souza

Writer, academic, lawyer and activist

Jonas Staal

Artist

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