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Greenpeace Netherlands and 8 citizens of Bonaire v. The Netherlands - decision

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Greenpeace Netherlands and 8 citizens of Bonaire v. The Netherlands - complaint

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On January 11, 2024, Greenpeace Netherlands and eight Dutch citizens of the island of Bonaire sued the Dutch State concerning insufficient climate adaptation and mitigation measures to protect the residents of Bonaire from the impacts of climate change. Bonaire is a Caribbean island and a special municipality of the Netherlands. The claim was brought following a warning letter sent in 2023, in which the plaintiffs requested consultations with Dutch ministries regarding stronger climate adaptation policies and increased resources for the island.  

Greenpeace argued that the Dutch State failed to take adequate mitigation and adaptation measures to protect the human rights of Bonaire’s inhabitants, in violation of its obligations under international and domestic law. The claim relied on Article 6:162 of the Dutch Civil Code, alleging an unlawful act due to insufficient climate action. The plaintiffs invoked the right to life and the right to respect for private and family life under Articles 2 and 8 of the European Convention on Human Rights, the prohibition of discrimination under Article 14 ECHR, the right to culture under Article 27 of the International Covenant on Civil and Political Rights, and procedural rights under the Aarhus Convention. They also referred to the Netherlands’ climate obligations under the Paris Agreement.

The plaintiffs emphasized that Bonaire faces heightened vulnerability to climate change, including increased heat stress, sea level rise, water scarcity, ecosystem degradation, and associated health impacts. They argued that Bonaire’s residents are treated differently from residents of the European Netherlands without adequate justification, noting that large-scale and long-term adaptation planning and investment exist in the European Netherlands but not in Bonaire. The claim also highlighted structural inequalities, including high poverty levels on the island, and argued that these factors require heightened state attention under principles of equality and non-discrimination.

With respect to mitigation, Greenpeace relied on the reasoning developed by the Dutch Supreme Court in Urgenda Foundation v. The Netherlands, arguing that Articles 2 and 8 ECHR impose positive obligations on the State to contribute its fair share to preventing dangerous climate change. The plaintiffs asserted that the Netherlands’ current mitigation trajectory was insufficient and inconsistent with its human rights obligations. They extended this reasoning to adaptation, arguing that due diligence requires timely and effective adaptation measures tailored to the specific risks faced by Bonaire’s population, including impacts on health, housing, livelihoods, and cultural life.

The plaintiffs extend their legal reasoning on mitigation also to adaptation. They note that there is ‘widespread consensus’ in international climate policy and law, as well as amongst human rights bodies, that there is a need to ‘rapidly accelerate’ the implementation of adaptation measures. Plaintiffs argue that the State has a legal obligation to take all appropriate measures that may be reasonably necessary, in a timely and consistent manner. This obligation is based on due diligence, and must take into account the special needs and disproportionate vulnerability of the inhabitants of Bonaire, and the complex historical and political context of the islands. They also point to other successful climate litigation on adaptation in this regard, such as the Torres Straight Islanders case at the UN Human Rights Committee.

On September 25, 2024, the District Court of The Hague issued an interim judgment on admissibility. The court found Greenpeace Netherlands admissible under Article 3:305a of the Civil Code as a representative organization acting in the collective interest. The individual claims brought by eight residents of Bonaire were declared inadmissible, as Greenpeace’s claim already encompassed their interests and the individuals had not demonstrated that they were personally and directly affected in a manner justifying separate claims.

On January 29, 2026, the District Court of The Hague issued its final judgment on the merits. The court held that the Dutch State had failed to take sufficient climate mitigation and adaptation measures to protect the residents of Bonaire and that this failure violated Articles 8 and 14 ECHR. The court found that Bonaire’s inhabitants face disproportionate climate risks, including serious risks to health and well-being, and that the State had not adequately justified treating Bonaire differently from the European Netherlands in its climate policies.

The court ordered the Dutch State, within 18 months, to incorporate binding interim greenhouse gas reduction targets into national legislation covering the entire economy. The court also ordered the State to ensure that, by 2030, a detailed and implemented climate adaptation plan is in place for Bonaire to increase the island’s resilience to climate impacts.

The decision is notable for its reliance on human rights law, its emphasis on equality and non-discrimination within a state’s own territory, and its engagement with international and regional climate jurisprudence. It also represents a significant development in climate litigation concerning state obligations to protect particularly vulnerable territories from the impacts of climate change.



Greenpeace Netherlands and 8 citizens of Bonaire v. The Netherlands

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Activities that relate to the production of goods and services from forests.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater systems to climate change.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the distribution, treatment, and conservation of water resources.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Dedicated pool of financial resources for climate-related projects.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

This sector provides communication services, software development, and IT solutions.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

This sector involves activities to move goods and people, alongside the storage of products.

Finance that is primarily directed towards climate change adaptation, including increasing resilience and robustness to actual or expected climate change and its effects.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector involves the wholesale and retail selling of goods.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

People with different national or cultural traditions from the dominant population

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Using laws and the legal system more broadly to protect vulnerable entities

Actions or measures to adapt terrestrial systems to climate change.

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

A financial institution that manages a country's currency and can promote climate-related initiatives through green monetary policy and other means.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Production of electricity and heat from solar irradiation.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

The activities of industries that transforms raw materials into finished goods through industrial processes.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

On January 11, 2024, Greenpeace Netherlands and eight Dutch citizens of the island of Bonaire sued the Dutch State about the lack of climate adaptation and mitigation action. The plaintiffs argue that the Dutch State has not taken sufficient climate adaptation and mitigation measures to protect the people of Bonaire, a small Dutch island in the Caribbean near Venezuela, against the negative effects of climate change on human rights, in line with the 1,5⁰C goal of the Paris Agreement and human rights treaties. The complaint was launched after plaintiffs issued a warning letter in 2023, demanding to meet with Ministries in The Hague to have talks about better climate adaptation policy and action for the island, as well as more resources devoted to adaptation.

In terms of legal bases, the plaintiffs argue that the Dutch State is committing an ‘unlawful act’ (onrechtmatige daad) under Article 6:162 of the Civil Code by failing to implement adequate climate adaptation and mitigation action, in a way that protects inhabitants’ international human rights. The case follows the legal reasoning by the Dutch Supreme Court in the landmark Urgenda-case, as well as in judgement of the Dutch District Court in the Hague in the Shell-case. The rights at stake in the present case include the right to life and right to private life, family and the home in Articles 2 and 8 of the European Convention on Human Rights (ECHR), the prohibition of discrimination in Article 14 of the ECHR and the right to culture of people living on the Caribbean island under Article 27 of the International Covenant on Civil and Political Rights (ICCPR). In support, plaintiffs also invoke several provisions of the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters on relevant procedural rights and obligations, e.g. Articles 5, 6 and 7 of the Aarhus Convention.

Regarding the right to culture and non-discrimination under Article 27, plaintiffs explain that the inhabitants of Bonaire are a minority within the Kingdom of the Netherlands, with a special and deeply rooted shared culture and history tied to their island. The complaint provides ample detail on the colonial history of the islands, the culture of the island and its inhabitants, as well as its current legal status as a ‘special’ municipality of the European part of the Netherlands. The plaintiffs claim that as inhabitants of Bonaire, they are not treated the same as Dutch citizens living in the European part of the Netherlands, because for ‘European Netherlands’ major adaptation works have long been planned and undertaken, resources reserved and devoted, as well as permanent, ongoing evaluations and assessments of the situation. There is no comparable protection for Bonaire. In fact, plaintiffs argue that in light of the deep structural inequality between the quality of life on Bonaire (i.e. very high levels of poverty) and those living in the European part of the Netherlands, there is reason to argue that the State should pay extra attention to the situation on Bonaire. They argue that this also follows from case law under Article 14 ECHR, and the principle of equality under Article 1 of the Dutch constitution.

Regarding Articles 2 and 8 ECHR and mitigation, the plaintiffs build on the legal reasoning previously endorsed by the Dutch Supreme Court in the Urgenda-case. Notably, Article 2 and 8 ECHR entail positive legal obligations for the Dutch State to do its ‘fair share’ to prevent dangerous climate change by adequately mitigating GHG emissions. The plaintiffs argue that based on the Netherlands’ historical emissions, compared to other countries, especially in the developing world, it is no longer fair for the Netherlands to still emit any GHGs. They also refer to studies indicating that it is feasible for the Netherlands to achieve net-zero emissions in the Netherlands by 2040, rather than 2050. As such, this is what the plaintiffs consider legally necessary for the Netherlands to do as its minimum ‘fair share’ to prevent dangerous climate change. According to the plaintiffs, the negative effects on the lives of people on Bonaire are already significant and will only increase if no action is taken. Climate change threatens, among other things, their lives, their livelihoods, their health, their cultural heritage, nature, and the possibility for future generations to live on in the same way on Bonaire.

The plaintiffs extend their legal reasoning on mitigation also to adaptation. They note that there is ‘widespread consensus’ in international climate policy and law, as well as amongst human rights bodies, that there is a need to ‘rapidly accelerate’ the implementation of adaptation measures. Plaintiffs argue that the State has a legal obligation to take all appropriate measures that may be reasonably necessary, in a timely and consistent manner. This obligation is based on due diligence, and must take into account the special needs and disproportionate vulnerability of the inhabitants of Bonaire, and the complex historical and political context of the islands. They also point to other successful climate litigation on adaptation in this regard, such as the Torres Straight Islanders case at the UN Human Rights Committee.

On September 25, 2024, the District Court in The Hague rendered an interim judgment on the admissibility of the parties. It decided that Greenpeace as an environmental NGO acting on behalf of the interests of all people on Bonaire is admissible. The 8 individual citizens' case  were not. Greenpeace is admissible based on Article 3:305a of the Civil Code, which provides for special standing for NGOs to take collective action. The Court did not consider the 8 individual admissible under the same procedure, because Greenpeace's claim already incorporates theirs as well; the citizens are not allowed to bring a claim of behalf of other residents on Bonaire in a similar way as Greenpeace; and the citizens did not sufficiently provide evidence of being 'personally directly affected' by climate change either, possibly justifying a seperate claim on their own behalf. 

Greenpeace Netherlands, along with legal teams from Kennedy Van der Laan and Prakken d’Oliveira Human Rights Lawyers, will continue to push for faster CO2 reductions and improved adaptation measures to protect Bonaire from the climate crisis. The first hearing is expected in 2025 with the State’s substantive defense to be presented later in 2024. In February 2025, Greenpeace released its final written response in this case. 