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Climate Crimes, Cultural Survival: The Torres Strait Islanders’ Fight and Earthrise Accord’s Global Mission

  • Writer: Eric Anders
    Eric Anders
  • May 10
  • 11 min read

Torres Strait Islanders’ Fight for Climate Justice

In a landmark action that rings alarm bells for the world, a group of Torres Strait Islanders – the Indigenous inhabitants of low-lying atolls north of Australia – brought a complaint before the United Nations Human Rights Committee. They argued that Australia’s failure to curb climate change and protect their islands violates their fundamental human rights. Their plea is visceral and urgent: rising seas and storms have already scattered the bones of their ancestors from flooded burial grounds and are undermining ceremonies and cultural rites that can only be performed on their home islands (Daniel Billy and others v Australia (Torres Strait Islanders Petition) - Climate Change Litigation). In 2022, the UN Human Rights Committee agreed with the Islanders. It found that Australia’s inaction on climate change breached their rights to enjoy culture and family life, acknowledging the deep spiritual connection between the Torres Strait people and their ancestral lands (Daniel Billy and others v Australia (Torres Strait Islanders Petition) - Climate Change Litigation). This decision – the first time an international human rights body held a government to account for climate inaction – exemplifies the growing recognition that climate change is not just an environmental issue, but a human rights crisis. The plight of the Torres Strait Islanders foreshadows a broader struggle: as seas rise and storms intensify, many communities face the loss of not only their homes but their history, identity, and dignity. It is a fight for survival that carries profound moral weight, and it demands that the international community see climate destruction for what it truly is – an assault on human rights and on the sanctity of our planet.


Climate Change as Cultural and Spiritual Devastation

For the Torres Strait Islanders, climate change is not abstract – it is personal, spiritual, and cultural. When tidal surges destroy family graveyards and expose human remains, it is not only an environmental disaster but a spiritual desecration (Daniel Billy and others v Australia (Torres Strait Islanders Petition) - Climate Change Litigation). The Islanders speak of how their most sacred ceremonies lose meaning if their lands vanish beneath the waves. This illuminates a often-overlooked truth: climate change inflicts losses that cannot be measured in dollars or degrees alone. It erodes the very fabric of cultures that have thrived in intimate relationship with their environment for millennia. The Torres Strait case underscores that climate harm is as much about cultural genocide as it is about physical destruction. This same truth is echoed thousands of miles away in the Maldives, another low-lying nation on the frontlines of climate chaos. As one Earthrise Accord commentary describes, the Maldives faces “the slow-motion erasure of a sovereign state’s territory” and the “desecration of a people’s spiritual and cultural heritage” – a creeping loss that international lawyers are beginning to call ecocidal complicity by the fossil fuel powers responsible (Maldives vs. Big Oil at the ICC: Physical Destruction, Spiritual Desecration & Ecocidal Complicity). In both the Torres Strait and the Maldives, what’s at stake is more than land. It is a way of life, a sense of belonging, and a sacred heritage passed down through generations. Climate change threatens to sever the ties between Indigenous peoples and their ancestral homes, amounting to a profound violation of Indigenous dignity and human integrity. Recognizing these stakes, Earthrise Accord (EA) insists that any adequate notion of climate justice must encompass these spiritual and cultural dimensions of planetary loss, not just the material damage. Protecting people from climate change isn’t only about preserving economic stability or physical safety – it’s about honoring the irreplaceable identity of cultures living in harmony with their lands.

From Human Rights Violations to Crimes Against the Earth

The Torres Strait Islanders’ victory before the UN Human Rights Committee is a watershed moment, asserting that climate inaction equals human rights abuse. Yet, the Earthrise Accord urges us to go even further: to recognize climate destruction as an international crime against humanity and the Earth. EA is a climate justice initiative founded on the bold premise that the decades of reckless fossil fuel extraction, deliberate misinformation, and pollution are not just unfortunate policy failures, but atrocities – what some jurists now name ecocide (Legal Feasibility Study: Prosecuting Fossil Fuel Extraction as International Crimes). In its mission statement, Earthrise Accord calls for holding fossil fuel extractors accountable under international criminal law, viewing their actions as “severe harms – arguably acts of ecocide – against humanity and the planet” (Legal Feasibility Study: Prosecuting Fossil Fuel Extraction as International Crimes). The logic is stark and uncompromising: If a government knowingly allows its citizens to suffer and its lands to be destroyed by avoidable climate impacts, or if a corporation continues to profit from carbon pollution in defiance of scientific warnings, they should answer not just to history, but to judges. This push reframes climate negligence as criminal negligence on a planetary scale.

Earthrise Accord’s work explores how existing international law can rise to this challenge. In a legal feasibility study, EA lawyers outline strategies to prosecute fossil fuel extraction as an international crime – envisioning courtrooms where oil executives and petrostate officials stand trial in The Hague for knowingly fueling the climate crisis (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future) (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). They argue that the tools already exist in nascent form: The International Criminal Court (ICC), which traditionally handles genocide and crimes against humanity, could evolve to prosecute the willful destruction of Earth’s ecosystems – ecocide (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). Indeed, momentum is building worldwide to amend the Rome Statute of the ICC to include ecocide, with nations like Vanuatu and France championing this cause (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). Earthrise Accord unequivocally supports these efforts, “emphasizing the moral and legal imperative to end impunity for environmental destruction globally” (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). The core idea is simple: those who knowingly imperil the planet’s habitability should be held internationally accountable, just as those who perpetrate war crimes or genocide are.

Ecocide, Climate Displacement, and International Accountability

To capture the full scope of climate-related injustice, Earthrise Accord has articulated a three-part framework of harm. This framework mirrors what frontline communities like the Torres Strait Islanders experience, and it demands that we name and prosecute each dimension of the crisis:

  1. Physical Destruction – The outright loss of territory, ecosystems, and life-supporting conditions, such as land literally disappearing under rising seas (Maldives vs. Big Oil at the ICC: Physical Destruction, Spiritual Desecration & Ecocidal Complicity). For islanders in Torres Strait or the Maldives, this is the terrifying reality of homes and homelands being swallowed by the ocean.

  2. Spiritual Desecration – The obliteration of cultural and spiritual identity tied to place, history, and ecology (Maldives vs. Big Oil at the ICC: Physical Destruction, Spiritual Desecration & Ecocidal Complicity). When ancestral graves are washed away or sacred sites are submerged, it constitutes an assault on the soul of a people. This is what the Torres Strait Islanders described in their petition and what the UN Human Rights Committee recognized in affirming their right to culture (Daniel Billy and others v Australia (Torres Strait Islanders Petition) - Climate Change Litigation).

  3. Ecocidal Complicity – The willful continuation of fossil fuel extraction and promotion despite decades of warnings about catastrophic effects, all while viable alternatives exist (Maldives vs. Big Oil at the ICC: Physical Destruction, Spiritual Desecration & Ecocidal Complicity). In other words, it is the calculated choice of certain corporations and states to put profit over planet, knowing full well the deadly consequences. This implicates the world’s major carbon polluters in nothing less than crimes against the future.

Earthrise Accord argues that these three dimensions must be addressed together. The physical destruction of an island or ecosystem is inseparable from the cultural and spiritual trauma inflicted on its people, and both are enabled by the knowing complicity of the powerful who drive climate change. Such harms, EA contends, go beyond the remit of traditional human rights law or civil suits – they demand the weight of criminal law. As one Earthrise analysis starkly puts it, continuing to burn fossil fuels in the face of what we know today “is no longer a matter of ignorance or policy failure. It is complicity. And by any honest ethical reckoning, it is a crime” (Maldives vs. Big Oil at the ICC: Physical Destruction, Spiritual Desecration & Ecocidal Complicity). The call for justice thus extends from the flooded coastlines of the Torres Strait all the way to international halls of power: to prosecute environmental ruin as the atrocity it truly is.

Earthrise Accord’s Vision: Ecological Realism, Indigenous Dignity, Post-Carbon Justice

Underpinning these legal and moral efforts is Earthrise Accord’s broader vision of ecological realism and post-carbon planetary justice. Ecological realism means looking at our climate emergency without flinching or ideological blinders. It is, in the words of Earthrise’s manifesto, a “realism [that] is not cynicism, but courage: the courage to see the world as it is, and to fight for the world as it could be” (Earthrise Journal of Nuclear Realism and Climate Justice). This realism acknowledges hard truths – for example, that we must rapidly phase out fossil fuels, and that we will need every tool available (from renewables to advanced nuclear energy) to power a just transition. EA refuses to indulge the convenient lies that have stalled action. It “categorically condemns [the] deliberate acts of ecological sabotage” by the fossil industry and its enablers (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). Facing reality also means naming names: Earthrise openly identifies the major oil companies and even countries like Australia, Canada, and Norway as perpetrators of climate hypocrisy and ecocide who must be held to account (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). In short, Earthrise Accord’s ecological realism calls on humanity to finally tell the truth about the crisis and act accordingly, no matter how politically challenging that may be.

Equally central to EA’s vision is Indigenous dignity and global inclusivity in the quest for climate justice. Earthrise Accord emphasizes that those who have contributed least to climate change – Indigenous nations, small island states, and the Global South – are suffering first and worst (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). Climate justice, therefore, must elevate these voices and uphold their rights. The Earthrise Journal project, for instance, explicitly “elevate[s] voices from the Global South, indigenous communities, and frontline climate defenders”, insisting that the energy future of these communities not be dictated by distant powers (Earthrise Journal of Nuclear Realism and Climate Justice). The Torres Strait Islanders’ case is a powerful example of Indigenous people taking the lead on the world stage, turning their spiritual and cultural grief into a claim of right – and being heard. EA’s vision of Indigenous dignity means the world must respect and learn from such leadership. It means protecting Indigenous peoples’ sovereignty over their lands and seas, and ensuring they are partners in designing the solutions – whether in adapting to climate impacts or sharing in the benefits of clean energy. Indeed, post-carbon justice requires that the shift away from fossil fuels correct, rather than deepen, historical injustices. This entails “energy equity” and reparative policies: the countries and companies that grew rich from carbon must support vulnerable communities’ adaptation and transition, not abandon them to a drowning fate (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future) (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future).

Finally, post-carbon planetary justice envisions a future where Earth’s life-support systems are preserved and no community is sacrificed for the profits of a few. It’s a future in which the rights of nature and of future generations are upheld alongside human rights today. Earthrise Accord captures this ethos in the very name “Earthrise,” harkening back to the iconic Apollo 8 photograph of Earth floating in darkness – a reminder that we are one Earth, one people, sharing one destiny. That global perspective fuels EA’s call for an “Accord,” a unified commitment across nations to take responsibility for our common home (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). In practical terms, it means robust international cooperation: courts that can prosecute ecocide, agreements that protect climate refugees, and a binding commitment to keep fossil fuels in the ground. It means embracing solutions grounded in science and justice – from clean energy deployment to ecosystem restoration – with the same urgency we would marshal against any existential threat.

One Earth, One Future – A New Dawn of Accountability

The Torres Strait Islanders’ courageous stand has helped transform abstract talk of climate change into a concrete question of rights and justice. Their victory sends a clarion message: governments can be held accountable when they allow the planet to burn and cultures to drown. This is exactly the kind of breakthrough the Earthrise Accord exists to amplify. EA’s mission is to ensure that what happened in the Torres Strait is not seen as isolated or inevitable, but as part of a deliberate pattern of harm that can and must be stopped. It insists that justice for climate survivors be not only remedial – acknowledging rights violations after the fact – but also preventative, by deterring and punishing the perpetrators of ecocide before they can inflict irreparable damage.

There is a profound moral urgency to this work. We are living at dusk – in the fading light of an old era defined by fossil fuel domination and impunity – and we stand on the cusp of a new dawn of accountability and hope. As sea waters inch higher and wildfires burn, the world faces a choice. We can allow the “murdered future” that Earthrise writers warn of (Maldives vs. Big Oil at the ICC: Physical Destruction, Spiritual Desecration & Ecocidal Complicity), or we can fight for a future where life and justice prevail. The Torres Strait Islanders chose to fight, taking their case to an international forum and winning a measure of justice. Now their example beckons all of us to scale up the fight – from remote islands to global courts, from UN committees to the ICC and beyond. It’s a fight to recognize climate collapse as a crime against humanity and nature and to demand action commensurate with the crisis. It’s also a fight to protect the sacred – the graves, the languages, the traditions, the very soul of humanity that is entwined with the Earth.

Earthrise Accord stands with the Torres Strait Islanders and all communities on the frontlines of climate change. Their struggle embodies EA’s vision of a just and livable planet. Ecological realism guides us to face hard truths and reject complacent lies. Indigenous dignity reminds us that those with deep wisdom of living in balance must lead in restoring that balance. Post-carbon justice urges a complete transformation of our energy systems and economies to serve life, not destroy it. As we heed these principles, the law itself is beginning to transform – slowly catching up to the moral reality that to destroy a people’s home, to uproot a culture, to knowingly unravel the Earth’s climate, are egregious wrongs that demand redress.

In one of its calls to action, Earthrise Accord declares that “justice and survival demand nothing less” than a rapid transition to sustainable energy and the prosecution of ecological crimes (Earthrise at Dusk: The Earthrise Accord Manifesto – One Earth, One Crew, One Future). The story of the Torres Strait Islanders is a testament to that demand. It carries the weight of ancient culture and the voice of a threatened future, yet it also carries hope – hope that through courage, truth-telling, and solidarity, we can secure one Earth, one crew, one future where both humanity and the more-than-human world thrive in justice and peace.

 
 
 

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