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I.L. v. Italian Ministry of the Interior and Attorney General at the Court of Appeal of Ancona - decision

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On February 24, 2021, the Italian Supreme Court of Cassation (Corte Suprema di Cassazione) established in Ordinance 5022/2021 that the assessment that the trial judge carries out for the purpose of granting humanitarian protection should consider not only armed conflict scenarios but also situations of social, environmental or climate degradation, and situations in which natural resources are subjected to unsustainable exploitation in the country of origin. The Court clarified that humanitarian protection must be granted when, according to the assessment, the situation in the country of origin does not allow for a minimum essential limit of guarantee for the right to life of the individual.

The ordinance originates from the rejection by the Ancona Territorial Commission for the International Protection Recognition of an individual request for international or humanitarian protection. The applicant is a citizen of the Niger Delta region of Nigeria. The applicant appealed the rejection before the Tribunale di Ancona. Following a second negative decision, he appealed it before the Supreme Court of Cassation. In delivering its ordinance, the Court of Cassation specifically referred to the decision of the UN Human Rights Committee in the <a href="https://climatecasechart.com/non-us-case/un-human-rights-committee-views-adopted-on-teitiota-communication/">Teitiota case</a>.

A key passage from the ruling (Pp.8-9): “For the purpose of recognizing, or denying, humanitarian protection [...], the concept of ‘ineradicable core constituting the foundation of personal dignity’ identified by the jurisprudence of this Court [...] is the minimum essential limit below which the right to life and the right to a dignified existence of an individual are not guaranteed. That limit must be appreciated by the trial judge not only with specific reference to the existence of a situation of armed conflict, but in relation to any context that is, in practice, able to put the fundamental rights to life, liberty and self-determination of the individual at risk of zeroing or reduction below the aforementioned minimum threshold, therein specifically including – if their existence in a given geographical area is concretely established – situations of environmental disaster, [...] climate change, and unsustainable exploitation of natural resources”.

I.L. v. Italian Ministry of the Interior and Attorney General at the Court of Appeal of Ancona

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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

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.

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.

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

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.

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

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

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.

I.L. v. Italian Ministry of the Interior and Attorney General at the Court of Appeal of Ancona - decision

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