more information
(For Conscientious protectors)
Please note that this information is based on UK experience and should be understood as applying to jurisdictions which respect the rule of law and rights of individuals. We do not actively encourage any specific direct action, especially in countries where this may put you in physical danger.
Conscientious Protectors can argue the Right to Freedom of Conscience, which is now a Universal Human Right (Article 9 ECHR, Article 18 UDHR). You can rely on this right in court to supplement your defence and show that you are acting to protect against harm, not to cause it. Remember you are, in the eyes of the court, already quite different to the kind of defendant they are used to hearing.
Below is a summary of key points. Please make sure you are a signed-up Earth Protector before taking direct action.
CONSCIENTIOUS PROTECTOR APPROACH
ESSENTIAL INFORMATION:
First and foremost, any direct action taken must be non-violent i.e. must not damage another person. It is impossible to claim a moral stance of conscience if you are causing harm to others.
Also please note that using this approach will not protect you from arrest, nor will it guarantee your acquittal.
However it will allow you to take your activism into the courtroom, and it will contribute to changing society’s perception - and in particular the court system’s perception - of all those across the world standing up to protect the Earth.
Should you choose to place yourself in the position of possible arrest with the express wish to further this narrative, here are some key points to remember.
At arrest:
Clearly state that you are taking action as a Conscientious Protector standing up to protect the Earth. You can also ask for this to be noted by the arresting officer(s). It is a good idea to have a copy of your own Earth Protectors Trust Fund document on your person as evidence. By doing this you are simply stating your reason for taking action - you are not admitting to having committed any crime (indeed you do not believe your action to be criminal).
Submitting a plea:
The Conscientious Protector stance is, for obvious reasons, more powerful if you plead “Not Guilty” – the whole idea is that standing up for the Earth is NOT criminal. You may be offered what (in the UK) is called a “caution” - an alternative to prosecution which simply creates a criminal record and avoids court procedures. If you accept this you are automatically accepting that you are guilty of a crime, albeit a minor one. If you are taking the stance that you are not a criminal but a Conscientious Protector your position is more coherent and logical if you refuse a caution (or non-UK equivalent). This is always your choice, however – you may have your own particular reasons for accepting
In court:
1. Give the court a reason to listen to you: state why you acted from your conscience, including what about you and your life has brought you to do this. This means that you cannot be dismissed as a “troublemaker” or someone who just “protests for the sake of protesting.”
2. Back up any points you make (for example “the climate crisis is accelerating” or “fracking pollutes air and water”) with primary evidence (for example government or scientific reports – not media articles or opinions). Present your Earth Protectors Trust Fund (EPTF) Document as primary evidence of why you are a Conscientious Protector – it contains a declaration of belief that ecocide should be a crime, and you have gifted into the Trust Fund, which shows you are willing to act on your deeply held beliefs and they are not trivial. NB there is case law to back up “the belief in man-made climate change” as the kind of deeply held belief to which the right of Freedom of Conscience can apply.
3. Keep it simple: primary evidence of a) serious harm, b) governmental knowledge & c) failure to protect. As an example: runaway climate change is imminent if drastic cuts are not made (IPCC 1.5 report); government has knowledge of climate dangers (Paris Agreement 2016); but has failed to protect (inconsistent policies, fracking, subsidies of fossil fuels etc).
Finally, remember it is your personal story of why you acted on your conscience that will be most impactful in the courtroom. Deliver it genuinely but without confrontation.
In the 20th Century, Conscientious Objectors argued for the Right to Freedom of Conscience - and won. Conscientious Protectors can do the same.
Changing the Rules - Standing up for the earth is not Criminal
Jojo Mehta. Co founder of the Stop Ecocide Campaign in conversation with Paul Powlesland, Founder, Lawyers for Nature. August 2020, with audience Q&A facilitated by Alex Jelly XR Islington
Taking peaceful direct action to defend nature is criminalised, while corporations are permitted to destroy entire ecosystems and exacerbate climate change. This is the wrong way round. As Conscientious Protectors, activists have the power to flip that narrative and help steer the criminal justice system towards protecting the future of life on Earth.
This webinar explains how - both in broad strokes and with reference to the UK court system at this particular moment in time.