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Frank Nicol Melgar Marba, 29, is the sole Filipino plaintiff in the transnational climate litigation. Marba and other individual plaintiffs were victims of climate-related disasters.“We demand TotalEnergies to pay not just for the destruction of our properties, but more importantly for the loss of our livelihood and the trauma that we are still dealing with up to now,” Marba said in a statement.
In this context, the omissions of private companies or governments amount to an injury payable to the victims of adverse effects of climate change.While the framing of the offense is still the same– one that is based on the accusation that omissions led to injuries– a criminal action like this compliments a bigger campaign to environmental destructors as criminals.
Climate change litigation, increasing as it is, is still marked by frustrations due to the difficulty of enforcing the orders, especially when the order is issued by an international court.was in April when the European Court of Human Rights decided in favor of elderly Swiss women, and declared that their government’s climate inaction was a violation of the European convention of human rights.
“Letting them do so would equate to giving them a right to globocide,” Nouvian said. “It would be irresponsible of us. We are determined to do everything it takes to stop climate criminals.”