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A landmark climate change case will open at the top UN court as island nations fear rising seas

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A landmark climate change case will open at the top UN court as island nations fear rising seas
News

News

A landmark climate change case will open at the top UN court as island nations fear rising seas

2024-12-01 12:09 Last Updated At:12:10

THE HAGUE (AP) — The top United Nations court will take up the largest case in its history on Monday, when it opens two weeks of hearings into what countries worldwide are legally required to do to combat climate change and help vulnerable nations fight its devastating impact.

After years of lobbying by island nations who fear they could simply disappear under rising sea waters, the U.N. General Assembly asked the International Court of Justice last year for an opinion on “the obligations of States in respect of climate change.”

“We want the court to confirm that the conduct that has wrecked the climate is unlawful,” Margaretha Wewerinke-Singh, who is leading the legal team for the Pacific island nation of Vanuatu, told The Associated Press.

In the decade up to 2023, sea levels have risen by a global average of around 4.3 centimeters (1.7 inches), with parts of the Pacific rising higher still. The world has also warmed 1.3 degrees Celsius (2.3 Fahrenheit) since pre-industrial times because of the burning of fossil fuels.

Vanuatu is one of a group of small states pushing for international legal intervention in the climate crisis.

“We live on the front lines of climate change impact. We are witnesses to the destruction of our lands, our livelihoods, our culture and our human rights,” Vanuatu’s climate change envoy Ralph Regenvanu told reporters ahead of the hearing.

Any decision by the court would be non-binding advice and unable to directly force wealthy nations into action to help struggling countries. Yet it would be more than just a powerful symbol since it could serve as the basis for other legal actions, including domestic lawsuits.

On Sunday, ahead of the hearing, advocacy groups will bring together environmental organizations from around the world. Pacific Islands Students Fighting Climate Change — who first developed the idea of requesting an advisory opinion — together with World Youth for Climate Justice plan an afternoon of speeches, music and discussions.

From Monday, the Hague-based court will hear from 99 countries and more than a dozen intergovernmental organizations over two weeks. It’s the largest lineup in the institution’s nearly 80-year history.

Last month at the United Nations’ annual climate meeting, countries cobbled together an agreement on how rich countries can support poor countries in the face of climate disasters. Wealthy countries have agreed to pool together at least $300 billion a year by 2035 but the total is short of the $1.3 trillion that experts, and threatened nations, said is needed.

“For our generation and for the Pacific Islands, the climate crisis is an existential threat. It is a matter of survival, and the world’s biggest economies are not taking this crisis seriously. We need the ICJ to protect the rights of people at the front lines,” Vishal Prasad, of Pacific Islands Students Fighting Climate Change, told reporters in a briefing.

Fifteen judges from around the world will seek to answer two questions: What are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? And what are the legal consequences for governments where their acts, or lack of action, have significantly harmed the climate and environment?

The second question makes particular reference to “small island developing States” likely to be hardest hit by climate change and to “members of “the present and future generations affected by the adverse effects of climate change.”

The judges were even briefed on the science behind rising global temperatures by the U.N.’s climate change body, the Intergovernmental Panel on Climate Change, ahead of the hearings.

The case at the ICJ follows a number of rulings around the world ordering governments to do more to reduce greenhouse gas emissions.

In May, a U.N. tribunal on maritime law said that carbon emissions qualify as marine pollution and countries must take steps to adapt to and mitigate their adverse effects.

That ruling came a month after Europe’s highest human rights court said that countries must better protect their people from the consequences of climate change, in a landmark judgment that could have implications across the continent.

The ICJ’s host country of The Netherlands made history when a court ruled in 2015 that protection from the potentially devastating effects of climate change is a human right and that the government has a duty to protect its citizens. The judgment was upheld in 2019 by the Dutch Supreme Court.

FILE -Vanuatu Prime Minister Charlot Salwai Tabimasmas addresses the 79th session of the United Nations General Assembly, Friday, Sept. 27, 2024. (AP Photo/Richard Drew), File)

FILE -Vanuatu Prime Minister Charlot Salwai Tabimasmas addresses the 79th session of the United Nations General Assembly, Friday, Sept. 27, 2024. (AP Photo/Richard Drew), File)

FILE - The Peace Palace housing the World Court, or International Court of Justice, is reflected in a monument in The Hague, Netherlands, Wednesday, May 1, 2024. (AP Photo/Peter Dejong, File)

FILE - The Peace Palace housing the World Court, or International Court of Justice, is reflected in a monument in The Hague, Netherlands, Wednesday, May 1, 2024. (AP Photo/Peter Dejong, File)

WASHINGTON (AP) — President-elect Donald Trump says he will nominate Kash Patel to serve as FBI director, turning to a fierce ally to upend America’s premier law enforcement agency and rid the government of perceived “conspirators.” It’s the latest bombshell Trump has thrown at the Washington establishment and a test for how far Senate Republicans will go in confirming his nominees.

The selection is in keeping with Trump's view that the government's law enforcement and intelligence agencies require a radical transformation and his stated desire for retribution against supposed adversaries. It shows how Trump, still fuming over years of federal investigations that shadowed his first administration and later led to his indictment, is moving to place atop the FBI and Justice Department close allies he believes will protect rather than scrutinize him.

Patel “played a pivotal role in uncovering the Russia, Russia, Russia Hoax, standing as an advocate for truth, accountability, and the Constitution,” Trump wrote Saturday night in a social media post.

The announcement means current FBI director Christopher Wray must either resign or be fired after Trump takes office on Jan. 20. Wray had previously been named by Trump and began the 10-year term — a length meant to insulate the agency from the political influence of changing administrations — in 2017, after Trump fired his predecessor, James Comey.

The decision sets up what’s likely to be an explosive confirmation battle in the Senate not long after Trump’s first pick to lead the Justice Department, Matt Gaetz, withdrew his nomination amid intense scrutiny over sex trafficking allegations. Patel is a lesser-known figure, but his nomination was still expected to cause shockwaves. He's embraced Trump’s rhetoric about a “deep state,” called for a “comprehensive housecleaning” of government workers who are disloyal to Trump and has referred to journalists as traitors, promising to try to prosecute some reporters.

Trump’s nominees will have allies in what will be a Republican-controlled Senate next year, but his picks are not certain of confirmation. With a slim majority, Republicans can only lose a few defectors in the face of expected unified Democratic opposition — though as vice president, JD Vance would be able to break any tie votes.

But the president-elect had also raised the prospect of pushing his selections through without Senate approval using a congressional loophole that allows him to make appointments when the Senate is not in session.

Wray fell out of favor with the president and his allies. His removal isn’t unexpected given Trump’s long-running public criticism of him and the FBI, particularly in the aftermath of federal investigations — and an FBI search of his Mar-a-Lago estate for classified documents two years ago — that resulted in indictments that have evaporated.

In his final months in office, Trump unsuccessfully pushed the idea of installing Patel as the deputy director at either the FBI or CIA in an effort to strengthen the president’s control of the intelligence community. William Barr, Trump’s attorney general, wrote in his memoir that he told then-chief of staff Mark Meadows that an appointment to Patel as deputy FBI director would happen “over my dead body.”

“Patel had virtually no experience that would qualify him to serve at the highest level of the world’s preeminent law enforcement agency,” Barr wrote.

Patel’s past proposals, if carried out, would lead to convulsive change for an agency tasked not only with investigating violations of federal law but also protecting the country from terrorist attacks, foreign espionage and other threats.

He's called for dramatically reducing the agency's footprint, a perspective that sets him apart from earlier directors who have sought additional resources for the bureau, and has suggested closing down the bureau's headquarters in Washington and “reopen it the next day as a museum of the deep state” — Trump's pejorative catch-all for the federal bureaucracy.

And though the Justice Department in 2021 halted the practice of secretly seizing reporters' phone records during leak investigations, Patel has said he intends to aggressively hunt down government officials who leak information to reporters and change the law to make it easier to sue journalists.

During an interview with Steve Bannon last December, Patel said he and others “will go out and find the conspirators not just in government but in the media.”

"We’re going to come after the people in the media who lied about American citizens who helped Joe Biden rig presidential elections,” Patel said, referring to the 2020 presidential election in which Biden, the Democratic challenger, defeated Trump. “We’re going to come after you, whether it’s criminally or civilly. We’ll figure that out. But yeah, we’re putting you all on notice.”

Trump also announced Saturday that he would nominate Sheriff Chad Chronister, the top law enforcement officer in Hillsborough County, Florida, to serve as the administrator of the Drug Enforcement Agency. He has worked closely with Trump's choice for attorney general, Pam Bondi.

Patel, the child of Indian immigrants and a former public defender, spent several years as a Justice Department prosecutor before catching the Trump administration's attention as a staffer for the House Permanent Select Committee on Intelligence.

The panel’s then-chairman, Rep. Devin Nunes, R-Calif., was a strong Trump ally who tasked Patel with running the committee’s investigation into Russian interference in the 2016 campaign. Patel ultimately helped author what became known as the “Nunes Memo,” a four-page report that detailed how it said the Justice Department had erred in obtaining a warrant to surveil a former Trump campaign volunteer. The memo’s release faced vehement opposition from Wray and the Justice Department, who warned that it would be reckless to disclose sensitive information.

A subsequent inspector general report identified significant problems with FBI surveillance during the Russia investigation, but also found no evidence that the FBI had acted with partisan motives in conducting the probe and said there had been a legitimate basis to open the inquiry.

The Russia investigation fueled Patel's suspicions of the FBI, the intelligence community and also the media, which he has called “the most powerful enemy the United States has ever seen.” Seizing on compliance errors in the FBI’s use of a spy program that officials say is vital for national security, Patel has accused the FBI of having “weaponized” its surveillance powers against innocent Americans.

Patel parlayed that work into influential administration roles on the National Security Council and later as chief of staff to acting Defense Secretary Christopher Miller.

He continued as a loyal Trump lieutenant even after he left office, accompanying the president-elect into court during his criminal trial in New York and asserting to reporters that Trump was the victim of a “constitutional circus.”

And he found himself entangled in Trump’s legal woes, appearing two years ago before a federal grand jury that investigated Trump’s hoarding of classified documents at his Mar-a-Lago estate in Florida.

Typically though not always, presidents retain the director they’ve inherited: Biden, for instance, kept Wray in place even though the director was named by Trump, and former President Barack Obama asked Robert Mueller to stay on an extra two years even though Mueller was tapped by Obama’s predecessor, George W. Bush.

Trump had openly flirted with firing Wray during his first term, taking issue with Wray’s emphasis on the election interference threat from Russia at a time when Trump was focusing on China. Wray also described antifa, an umbrella term for leftist militants, as an ideology rather than an organization, contradicting Trump, who wants to designate it as a terror group.

The low-key FBI director had been determined to bring stability to an institution riven by turbulence following the May 2017 firing of Comey by Trump amid an FBI investigation into potential ties between Russia and Trump’s 2016 campaign.

Wray sought to turn the page on some of the controversies of Comey’s tenure. The FBI, for instance, fired a lead agent from the Russia investigation who sent derogatory text messages about Trump during the course of the inquiry and sidelined a deputy director under Comey who was a key figure in the probe. Wray also announced dozens of corrective actions meant to prevent some of the surveillance abuses that tainted the Russia investigation.

The FBI has aggressively investigated multiple assassination attempts against Trump this year and disrupted an Iranian murder-for-hire plot targeting the president-elect that resulted in recently unsealed criminal charges.

But none of that was enough to spare Wray from Trump’s ire.

Associated Press writer Jill Colvin in New York and Fatima Hussein in West Palm Beach, Florida, contributed to this report.

FILE - President-elect Donald Trump speaks during a meeting with the House GOP conference, Nov. 13, 2024, in Washington. (Allison Robbert/Pool via AP, File)

FILE - President-elect Donald Trump speaks during a meeting with the House GOP conference, Nov. 13, 2024, in Washington. (Allison Robbert/Pool via AP, File)

FILE - Kash Patel, former chief of staff to Acting Secretary of Defense Christopher Miller, speaks at a rally in Minden, Nev., Oct. 8, 2022. (AP Photo/José Luis Villegas, File)

FILE - Kash Patel, former chief of staff to Acting Secretary of Defense Christopher Miller, speaks at a rally in Minden, Nev., Oct. 8, 2022. (AP Photo/José Luis Villegas, File)

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