Abstract

In January 2023, climate activists trespassed on the site of the German energy firm RWE’s Garzweiler coal mine to protest against its plans to expand operations there. The police eventually removed the protestors (including Greta Thunberg), many of whom were charged with committing criminal offenses. A few weeks after the occupation, RWE announced plans to seek compensation from the protestors for the injuries they inflicted on the firm, which included damage to vehicles and other equipment.[1] Should the law permit it to do so? More generally, should a liberal-democratic State hold civil disobedients legally liable to compensate the private actors they target for the pecuniary injuries they inflict upon them? If not, why not, and who should bear those costs instead? These are the questions I propose to explore in this essay.

[1] “RWE to seek compensation from anti-coal protestors,” Deutsche Welle, 21 January 2023, https://www.dw.com/en/germany-rwe-to-seek-compensation-from-anti-coal-protesters/a-64475355#:~:text=The%20energy%20company%20said%20protesters,coal%20mine%20in%20the%20village. For other recent examples, see Ben Smee, “Aurizon sues environmental activists and seeks $375,000 after protests stop coal trains,” The Guardian, 13 March 2019, https://www.theguardian.com/australia-news/2019/mar/14/aurizon-sues-environmental-activists-and-seeks-375000-after-protests-stop-coal-trains; “Climate activist convicted for Credit Suisse red paint protest,” Reuters, 20 February 2020, https://www.reuters.com/article/us-climate-change-protests-credit-suisse/climate-activist-convicted-for-credit-suisse-red-paint-protest-idUSKBN20E292. All articles last accessed 12 October 2023.

Document Type

Article

Publication Date

2023

Publisher Statement

© 2024 Duncker & Humblot GmbH

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