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The lawsuit centers on Philippine laws stating that citizens have the right to a healthy environment.
Dozens of survivors of a "super typhoon" that struck the Philippines are suing fossil fuels giant Shell for its role in causing the climate emergency in a landmark lawsuit.
As reported by The Guardian, 66 victims of Typhoon Rai, a 2021 storm that killed more than 400 people and left millions more displaced, filed a lawsuit in the United Kingdom on Wednesday demanding that Shell provide them with financial compensation for their losses.
The Guardian noted that this is the first-ever civil complaint "to directly link polluting companies to deaths and personal injuries that have already happened in the Global South," as most other lawsuits against fossil fuel companies have been focused on potential future risks.
In the US earlier this year, a woman named Misti Leon sued several fossil fuel giants, arguing they were liable for the death of her mother, who died in an extreme heatwave in the Pacific Northwest in 2021.
The attorneys representing the victims in the Philippines case have invited Shell to respond to their allegations, and said they will file the case with the UK High Court by the end of the year if the two parties do not come to an agreement.
The lawsuit centers on Philippine laws stating that citizens have the right to a healthy environment, and it cites leaked internal documents from Shell that suggest it possessed full knowledge about the negative impact its activities are having on the climate.
Greg Lascelles, an attorney representing the plaintiffs, said the fact that Shell continued to aggressively expand its fossil fuel extraction operations "knowing the harm they would cause, coupled with deliberately misinforming the public, can be considered acting contrary to certain provisions of Filipino law."
A spokesperson for Shell told The Guardian that it is not fair to blame their company exclusively for the global climate emergency.
"The suggestion that Shell had unique knowledge about climate change is simply not true," they said. "The issue of climate change and how to tackle it has been part of public discussion and scientific research for decades."
One 1988 document from Shell cautioned that "by the time the global warming becomes detectable it could be too late to take effective countermeasures to reduce the effects or even to stabilize the situation," while another projected that "catastrophic weather events" could eventually trigger lawsuits against governments and oil companies.
"After all, two successive [Intergovernmental Panel on Climate Change] reports since 1995 have reinforced the human connection to climate change," wrote Shell scenario planners.
Although the lawsuit against Shell is the first to directly link fossil fuel companies to recent climate disasters in the Global South, Climate Home News noted in a Thursday report that many legal experts believe that a ruling earlier this year from a court in Germany "confirmed that climate science can establish legal liability for damage caused by emissions."
Specifically, the court this past May found that companies can be held liable for climate damages, although it dismissed a specific claim from a Peruvian farmer who had sued German energy company RWE for allegedly putting his home at risk of floods due to melting glaciers.
As The Guardian reported at the time, the court ruled that polluters "must bear the costs in proportion to their share of... emissions" if they fail to take "preventative measures" to reduce environmental destruction.
Human rights groups say that as many as 30,000 Filipinos were killed during Duterte's death squad campaign, which was hailed as a success by US President Donald Trump.
The International Criminal Court on Monday charged former Philippines President Rodrigo Duterte with the crime against humanity of murder for having presided over the extrajudicial execution of drug dealers—killings that drew praise from US President Donald Trump.
In a 15-page charge sheet, ICC prosecutors accused Duterte of "indirect co-perpetration" of murder both during his 2016-22 presidency and previous tenure as mayor of Davao.
ICC prosecutors said that "Duterte and his co-perpetrators shared a common plan or agreement to ‘neutralize’ alleged criminals in the Philippines"—including drug producers, sellers, and users—"thrdough violent crimes including murder," often committed by death squads.
Deputy ICC Prosecutor Mame Mandiaye Niang charged Duterte with three counts:
Filipino government data indicate that at least 6,252 people were killed during police operations between July 1, 2016, and May 31, 2022. However, human rights groups estimate that as many as 30,000 people were extrajudicially murdered during that period.
Advocates sought more charges against Duterte, with victim's attorney Kristina Conti lamenting that the prosecution's narrower scope "does not show the full extent" of the ex-president's crimes.
"This is an obvious shortcoming of the legal process that is dispiriting for the thousands of victims of killings, illegal arrests and detentions, trumped-up charges, unlawful house raids, and other rights violations and abuses," the National Union of People's Lawyers and Rise Up for Life and for Rights said in a joint statement Tuesday.
"Proceeding with a smaller section of crimes against Duterte may be a strategy for the prosecution, but it is a disservice to the victims of the mass murders, and his other crimes as well," the groups added.
The ICC must now decide whether Duterte is fit to stand trial. His lawyers argue that the 80-year-old suffers “cognitive impairment in multiple domains" and that his health is "progressively deteriorating."
Conti told Rappler—which was targeted for closure amid its critical coverage of Duterte—that the defendant's claims are “a desperate, time-worn, and calculated ploy to paint himself aggrieved.”
While Duterte remains popular among right-wing Filipinos, opposition lawmakers welcomed the former president's prosecution.
Federal lawmaker Leila de Lima—a vocal Duterte critic who spent 2,454 days behind bars following a 2017 arrest on bogus drug-related charges that were subsequently dismissed—welcomed the ICC charges in a Monday post on the social media site X.
"We already warned Duterte to stop the killings or he will inevitably face justice before the ICC, no matter how far off in the future," de Lima wrote. "That future we warned him about is now the present we are witnessing."
"Duterte did not lack warnings and advice from the Philippine human rights community about his future accountability," she continued. "He ignored all these warnings at his own peril. His detention and indictment for the drug war killings are the direct consequence of his own actions."
"As we have said again and again, he has no one to blame but himself," de Lima added. "His co-conspirators will follow him to the Hague soon enough."
In 2017, Trump said that Duterte was doing an "unbelievable job on the drug problem." Trump would later propose executing drug dealers in the United States.
In recent weeks, in likely violation of both US and international law, Trump has ordered deadly attacks on boats his administration claimed were transporting cocaine from Venezuela to the US.
"Duterte's arrest on an ICC warrant... shows that suspected perpetrators of the worst crimes, including government leaders, can and will face justice," said one human rights advocate.
On Tuesday, former Philippine President Rodrigo Duterte was arrested by local authorities at Manila's international airport after the International Criminal Court issued a warrant accusing him of crimes against humanity. News of his arrest prompted some observers to urge the arrest of another public figure who faces ICC charges: Israeli Prime Minister Benjamin Netanyahu.
The Duterte case will pose a test for the court, according to The New York Times. In the past six months, the ICC has issued arrest warrants for Netanyahu, former Israeli Defense Minister Yoav Gallant, and Min Aung Hlaing, the head of the military junta in Myanmar.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, wrote "Perhaps Netanyahu and Gallant will be next..." in response to the news. Danny Shaw, a professor at City University of New York, posted a video of Duterte's arrest and wrote: "Why don't they arrest Netanyahu?"
Wim Zwijnenburg, a project leader at the Dutch peace organization PAX, wrote, "now do Netanyahu."
On Tuesday night, Duterte was placed on a plane that was bound for The Hague, where the court is headquartered, per the Times, citing two people with knowledge of the matter.
The ICC has accused Duterte of crimes against humanity during his time as president and when he was the mayor of the city of Davao. During his tenure as president, from 2016 to 2022, Duterte's security forces carried out thousands of killings that his government cast as drug-related cases. In a 2017 report, Human Rights Watch described his "war on drugs" as effectively "a campaign of extrajudicial execution in impoverished areas of Manila and other urban areas." Philippine National Police officers and unidentified "vigilantes" killed over 7,000 people between the start of his term and the release of that Human Rights Watch report, according to the group.
In 2017, Duterte earned praise from U.S. President Donald Trump, who told him in a phone call that he was doing "an unbelievable job on the drug problem," according to reporting at the time.
"Duterte's arrest on an ICC warrant is a hopeful sign for victims in the Philippines and beyond. It shows that suspected perpetrators of the worst crimes, including government leaders, can and will face justice, wherever they are in the world," said Agnes Callamard, secretary general of the human rights group Amnesty International, in a statement Tuesday. "At a time when too many governments renege on their ICC obligations while others attack or sanction international courts, Duterte's arrest is a huge moment for the power of international law."
Duterte's former chief legal counsel and presidential spokesperson, Salvador Panelo, said that the "ICC has no jurisdiction in the Philippines," in part because "the country withdrew as an ICC member state in 2018," according to a post on social media.
According to the Times, the court says the case only considers alleged crimes from the time when the country was still part of the court.
According to a copy of he warrant, which was obtained by the Times, three judges of the ICC said they believed Duterte "was responsible for the drug war killings that took place when he was president and mayor of Davao, and that there were reasonable grounds to believe that these attacks were 'both widespread and systematic.'"
The government itself, in 2022, said that over 6,200 "drug suspects" were killed during Duterte's war on drugs starting in 2016. Rights groups put the total number of people who died much higher, in the tens of thousands, according to PBS.