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Oil execs should be tried for crimes against humanity, essayist Kate Aronoff argues
Climate change is a dire threat, perhaps it is time to put the people who created and denied the problem on trial?
- A new essay published in Jacobin argues that the time has come to try the executives of oil companies for crimes against humanity as a result of their actions promoting climate change.
- There is a legal precedent, as the heads of several German companies were tried for such crimes after WWII.
- Even if it never comes to pass, discussing the idea could give us a sense of what steps to make the world a greener place are possible.
The threat posed by climate change is planetary in scale and deadly serious. Four hundred thousand people die each year from climate change-related causes. Natural disasters are getting worse because of it. The last five years have been the hottest ever recorded.While there is a tendency to put the problem in terms so dark that people think the situation is hopeless, we're not doomed just yet. If dramatic action is taken now, we can keep global warming under 1.5 degrees Celsius by 2050 and avoid the worst-case scenarios that climate scientists keep showing us. What form that action will have to take is still being debated.
One of the boldest suggestions for necessary action in the name of saving the planet was recently put forward by Kate Aronoff in an essay published in Jacobin magazine in which she argues for trying the executives of all the major oil companies for crimes against humanity.
The argument is intriguing, and the essay is written in a way that both properly handles the gravity of the problem while giving a glimmer of hope. While the idea it presents may seem shocking, it is presented with strong reasoning and should at least be considered.
It begins by reminding us that the 100 largest fossil fuel companies are responsible for 71 percent of all the greenhouse gas emissions since 1988. As mentioned above, 400,000 people die each year as a result of the climate change that these emissions cause, and the other side effects of burning fossil fuels, such as air pollution or cancer, may kill up to 5,000,0000 people a year.
The companies in question have known about the dangers posed greenhouse gas emissions since at least the late '80s. Understanding the risks and environmental damage their business model creates, they have spent millions upon millions of dollars to discredit climate science and prevent regulations designed to limit the damage they cause. The resulting damage has already been astronomical and could soon become uncalculatable.
Their actions could qualify as a crime against humanity under the broad definition of the term; which merely requires knowledge of and involvement with actions which systematically attack a civilian population. The idea of a company's executives being tried for such a thing isn't as crazy as it sounds since the people who made gas for the Nazis were tried for their part in the Holocaust after WWII.
Given the seemingly obvious point that the companies that have done these things to deny climate change and prevent strong environmental regulations probably can't be trusted to fix the problem themselves. Ms. Aronoff, therefore, calls for legal action against the companies and the people who are running them as a way to not only halt the destruction they are wreaking upon the environment but also to break the power they often hold over policy-making through litigation and public denunciation.
Even if this never comes to pass, which the author admits is probable, the mass public movement that would be needed to even place this option on the table could bring other environmental policies into play. This is the long-term goal anyway, she argues, and the discussion of whether oil company executives committed crimes against humanity might be enough to reduce their influence even without indictments.For those who would like to read the essay in its entirety, it may be found here.
Cutting out influence
Tobacco companies aren't allowed anywhere near World Health Organization meetings for reasons that should be obvious. However, oil and gas companies have their fingers all over the regulatory codes and international treaties that are supposed to limit their activities. According to Ms. Aronoff:
"At COP 24 last year in Poland, GasNaturally cohosted a cocktail hour with the European Union, and Shell bragged about its influence in grafting a whole section onto the Paris Agreement. The Polish coal sector was a main sponsor of the whole event….. Stateside, advocates of certain forms of carbon pricing…. have boasted of garnering support and funding from the likes of Exxon and BP, apparently a marker of their respectability."
She calls this "an atmosphere of impunity for atrocity" and argues that we should at least be keeping fossil fuel companies out of such meetings and policy discussions if we aren't prosecuting them.
The time corporate executives were tried for crimes against humanity before
Believe it or not, there is a precedent for the idea that a company's executives can be tried for crimes against humanity.
The heads of the German chemical conglomerate IG Farben were tried at Nuremberg for participation in the Holocaust with their production of Zyklon B- the gas used to carry out the Holocaust. They were also tried for the use of slave labor and for preparing to wage an offensive war.
The results of trying them were mixed, only half of them were found guilty of any of the various crimes they were tired for and the worst any of them were sentenced to was eight years minus time served. Even more disappointingly, most of them returned to cushy executive jobs in critical sectors of the German economy when they got out. However, the convictions demonstrate the legal precedent of viewing a company as being every bit as capable as a state when it comes to crimes against civilian populations.
Two other trails were held for German industrialists who made the crimes of the Nazi regime possible, the results were again mixed and the sentences often limited.
The oil wars: America's energy obsession
Name and Shame
Ms. Aronoff argues that many of the major players in fossil fuel companies are relatively unknown. She sees this as a problem because it makes the issue abstract and more difficult to conceptualize. By dragging real people into courtrooms, a face is given to the problem and real people are punished for actions which harm millions of people.
Even if such trails were to lead to limited convictions or the convicted were able to still hold cushy jobs after serving their sentences, the fact that executives could be tried and sent to prison for various crimes could be an excellent motivation for anybody working in the energy sector who wants to avoid being convicted of crimes against humanity to start behaving themselves. After all, how much profit is worth being dragged to The Hauge over?
Sometimes you don’t need to win to win.
The various legal difficulties of accomplishing this are described in the article, not the least of which is that the United States is not a signatory to the Rome Statute which established the International Criminal Court. However, this might not be terrible.
Ms. Aronoff argues that the real goal of any mass environmental movement should be the decarbonization of the economy. While trying oil executives might be a way to achieve this, it is not the end itself. Any mass movement that was able to apply such pressure on governments to put the idea of trying these executives for crimes against humanity on the table would likely be able to bring other bold ideas on how to make the world greener to the table.As neuroscientist David Eagleman explains, putting out an idea that might never catch on is a great way to figure out what ideas can work. Even if the idea of putting the c-suites of major corporations on trial never takes off, just discussing it can help us determine what could.
How realistic is any of this anyhow?
Therein lies the problem.
As the author explains in the essay, several institutional issues pop up when discussing the question of just how to carry out the idea; not the least of which is that the ICC is designed to go after state actors, not corporations. While it is possible that individual countries could carry out the task, this is also a legal minefield.
The question of political will is also important, given that many of the largest oil companies in the world are also primary revenue sources or owned by states that depend on them doing well. The idea that the Saudi government would go after the executives of their national oil company, which is reasonable for 3.5 percent of all carbon emissions since 1995, is absurd. The potential for a mass movement in a democratic society demanding the executives be brought to justice is possible, but it would face a wall of opposition from the people who both deny climate change is happening or oppose bringing corporate executives to trial over it.
In any case, the mere introduction of this idea to the public debate should have far-reaching consequences on how we consider correcting for a century of greenhouse gas emissions. While we may never see Rex Tillerson standing trial for egregious pollution, we could still manage to mitigate the worst effects of climate change. In the end, isn't that what matters?
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Educators and administrators must build new supports for faculty and student success in a world where the classroom might become virtual in the blink of an eye.
- If you or someone you know is attending school remotely, you are more than likely learning through emergency remote instruction, which is not the same as online learning, write Rich DeMillo and Steve Harmon.
- Education institutions must properly define and understand the difference between a course that is designed from inception to be taught in an online format and a course that has been rapidly converted to be offered to remote students.
- In a future involving more online instruction than any of us ever imagined, it will be crucial to meticulously design factors like learner navigation, interactive recordings, feedback loops, exams and office hours in order to maximize learning potential within the virtual environment.
A leading British space scientist thinks there is life under the ice sheets of Europa.
- A British scientist named Professor Monica Grady recently came out in support of extraterrestrial life on Europa.
- Europa, the sixth largest moon in the solar system, may have favorable conditions for life under its miles of ice.
- The moon is one of Jupiter's 79.
Neil deGrasse Tyson wants to go ice fishing on Europa<div class="rm-shortcode" data-media_id="GLGsRX7e" data-player_id="FvQKszTI" data-rm-shortcode-id="f4790eb8f0515e036b24c4195299df28"> <div id="botr_GLGsRX7e_FvQKszTI_div" class="jwplayer-media" data-jwplayer-video-src="https://content.jwplatform.com/players/GLGsRX7e-FvQKszTI.js"> <img src="https://cdn.jwplayer.com/thumbs/GLGsRX7e-1920.jpg" class="jwplayer-media-preview" /> </div> <script src="https://content.jwplatform.com/players/GLGsRX7e-FvQKszTI.js"></script> </div>
Water Vapor Above Europa’s Surface Deteced for First Time<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="9c4abc8473e1b89170cc8941beeb1f2d"><iframe type="lazy-iframe" data-runner-src="https://www.youtube.com/embed/WQ-E1lnSOzc?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Watch The Daily Show comedian Jordan Klepper and elite improviser Bob Kulhan live.
These days, if you don't laugh, you might just scream. Enter comedian and The Daily Show regular Jordan Klepper!
Can thinking about the past really help us create a better present and future?
- There are two types of counterfactual thinking: upward and downward.
- Both upward and downward counterfactual thinking can be positive impacts on your current outlook - however, upward counterfactual thinking has been linked with depression.
- While counterfactual thinking is a very normal and natural process, experts suggest the best course is to focus on the present and future and allow counterfactual thinking to act as a motivator when possible.
“Upward” versus “downward” counterfactual thinking<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzQ1NDYxOS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY0NDM2MDY2OX0.njWs1qrV1vDBxU1V75tUduUW4TjJvEHglDWsK8ZF2l4/img.jpg?width=1245&coordinates=0%2C556%2C0%2C209&height=700" id="a15fa" class="rm-shortcode" data-rm-shortcode-id="98314d4d2b256ed08f42d369fe4ae080" data-rm-shortcode-name="rebelmouse-image" alt="concept of man thinking about the past one line drawing counterfactual thinking" />
What are upward and downward counterfactual thinking?
Image by one line man on Shutterstock<p><strong>What is upward counterfactual thinking?</strong></p><p>Upward counterfactual thinking happens when we look at a scenario and ask ourselves "what if" in terms of how our life could have turned out better. </p><p>Examples of upward counterfactual thinking are: </p><ul><li><em>"I wish I had taken that other job instead of this one 10 years ago - my life would be so much better if I had." </em></li><li><em>"I wish I would have gotten the part in that high school play, maybe I could have gotten into a theatre school and became an actor…"</em> </li></ul><p>Both of these examples have the ideology that if you had made different choices, your life right now would be improved. </p><p><strong>What is downward counterfactual thinking?</strong></p><p>Downward counterfactual thinking is, naturally, the opposite of upward counterfactual thinking in that we think about how things could have been worse if other decisions had been made. </p><p>Examples of downward counterfactual thinking are: </p><ul><li><em>"I'm so thankful I studied secondary education in university instead of psychology like I had originally planned - I love teaching high school kids and I never would have gotten to do that…" </em></li><li><em>"I'm so happy I left David when I got the chance, I can't imagine still being in an unhappy marriage with someone who doesn't support me…"</em> </li></ul><p>In these examples, we see the idea that if you had made different choices your life would not be as good as it is right now. </p>
How counterfactual thinking can impact your life<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzQ1NDYxNy9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyNjI2MDQxOX0.DIVQ-Yk0d6yE3tc743MH1Fz2pOg1TGHLmhp8dPp9UdY/img.jpg?width=1245&coordinates=0%2C0%2C0%2C0&height=700" id="522d7" class="rm-shortcode" data-rm-shortcode-id="da7df6ad916b043e3610223900d0f8df" data-rm-shortcode-name="rebelmouse-image" alt="man thinking what if written on chalkboard" />
How do upward and downward counterfactual thinking impact your life?
Photo by Brasil Creativo on Shutterstock<p>While many people don't see the point in "what if" scenarios, various studies have found that downward counterfactual thinking can be more associated with psychological health compared with upward counterfactual thinking. Not only that, but research has also shown upward counterfactual thinking can be linked with current and future depression.</p> <p><strong>Downward counterfactual thinking tends to be more associated with psychological health </strong></p><p>According to a <a href="http://journal.sjdm.org/jdm06136.pdf" target="_blank">2000 study</a>, downward counterfactual thinking can be linked with better psychological health compared to upward counterfactual thinking. More importantly, in cases where downward counterfactual thinking did lead to negative feelings, those feelings acted as something of a motivator for people to take productive actions to better their current situation. </p> <p><strong>Upward counterfactual thinking tends to be more associated with depression </strong></p><p><a href="https://www.sciencedirect.com/science/article/abs/pii/S0272735816301714#:~:text=An%20upward%20counterfactual%20(as%20opposed,Markman%20and%20McMullen%2C%202003)." target="_blank">According to a 2017 study</a> that pooled a sample of over 13,000 respondents, thoughts about "better outcomes" and regret (upward counterfactual thinking) were associated with current and future depression. </p> <p><strong>Downward counterfactual thinking can actually improve your relationships and is more often engaged in by women than men.</strong></p><p>In a <a href="https://dspace.sunyconnect.suny.edu/bitstream/handle/1951/67589/Studer_Thesis.pdf?sequence=1&isAllowed=y" target="_blank">2016 research paper submitted</a> to the Department of Psychology at the State University of New York at New Paltz, downward counterfactual thinking in regards to romantic relationships was associated with relatively positive relationship outcomes. Interestingly, women were more likely than men to engage in downward counterfactual thinking about their romantic life. </p> <p><strong>Upward counterfactual thinking can have some benefits in certain scenarios. </strong></p><p>When we look back after a failed test and think "I wish I would have studied more" - this motivates us to study harder the next time a test comes up. In this way, upward counterfactual thinking (or the negative version of "what if") can actually benefit us. </p> <p><strong>This can be difficult, though, because much of the time upward counterfactual thinking is more associated with a pessimistic outlook that can be unmotivating. </strong></p> <p>Thinking in the past tense can be motivational (and even healthy) at times, but the best thing to do is look forward. </p><p>While counterfactual thinking as a whole can be used to motivate us to make better choices or appreciate where we are in life, <a href="https://www.psychologytoday.com/us/blog/darwins-subterranean-world/201809/the-psychology-what-if" target="_blank">this Psychology Today</a> article suggests that we should come up with ways to move on and focus on the present and the future instead of the past. Using counterfactual thinking as a motivational tool can be very helpful if we don't get stuck in the "what if" mindset that tends to pull us out of the present and back into the past, where things will always remain the same. </p>
Despite fact check campaigns, anti-vaccination influence is growing.
- Despite announcing plans to combat disinformation, anti-vax groups continue to gain influence on Facebook.
- An analysis of over 1,300 Facebook pages with 100 million followers shows that anti-vaccination agendas are having a profound impact.
- Only 50 percent of Americans are certain they'll receive an approved COVID-19 vaccine.
Facebook announces plan to 'tackle vaccine misinformation'<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="997c512b8b8afcd4db98fdb7ece75680"><iframe type="lazy-iframe" data-runner-src="https://www.youtube.com/embed/ZTZ3Lq67yiY?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p>This trend is having real-world consequences. Only <a href="https://www.sciencemag.org/news/2020/06/just-50-americans-plan-get-covid-19-vaccine-here-s-how-win-over-rest" target="_blank">half of Americans</a> are willing to get a coronavirus vaccine, with a quarter wavering and a quarter against. While we should be confident of efficacy—gossip about a <a href="https://www.webmd.com/lung/news/20200511/covid-19_vaccine_by_fall_possible_but_at_what_cost" target="_blank">vaccine arriving in the Fall</a> is ambitious and potentially unsafe—the idea that a quarter of the country will refuse any vaccine is a potential public health disaster (as if we're not experiencing one now).</p><p>Making matters worse, we can't fight disinformation with data. No matter how many articles <a href="https://bigthink.com/coronavirus/the-plandemic" target="_self">debunk Plandemic</a>, Mikki Willis gains momentum. Do <a href="https://www.facebook.com/mikki.willis/posts/2875973472513592" target="_blank">27,000 doctors</a> really support his efforts to "reform our corrupt global healthcare systems?" There's no way to tell, but that's the thing about Facebook: it doesn't have to be true. Willis's claim, which he made in conjunction with a fundraising effort for the film, has been shared 4.4k times. Convincing his fanbase that perhaps tens of thousands of doctors aren't on board will be a Herculean task. </p><p>Media Matters notes the official-sounding National Vaccine Information Center (NVIC), which, though sounding governmental, opposes every effort to vaccinate children. Beginning in February, the organization's website started publishing a "<a href="https://www.nvic.org/vaccines-and-diseases/Reports/covid-19.aspx" target="_blank">special report</a>" on COVID-19, laying the groundwork for vaccination disinformation. </p><p style="margin-left: 20px;">"The first three installments of the 'special report' adopt right-wing themes unrelated to vaccines, such as the claim that public health orders that promote social distancing result in a 'loss of civil liberties' and subject Americans to 'quarantine shaming.' The fourth installment, published on March 29, includes the first attacks on vaccine development in the series … The fifth installment of the 'special report,' published on April 1, frames the vaccine development efforts of pharmaceutical companies and other entities as a cash grab."</p>
A truck with writing "JESUS IS MY VACCINE" drives by demonstrators rallying outside the Pennsylvania Capitol Building to protest the continued closure of businesses due to the coronavirus pandemic on May 15, 2020 in Harrisburg, Pennsylvania.
Photo by Mark Makela/Getty Images<p>The irony is that NVIC's Facebook page is listed as an "Educational Research Center." Just today the organization posted about the <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2831678/" target="_blank">long-disproven link between the measles vaccine and autism</a> (via Robert F. Kennedy's anti-vax organization, Children's Health Defense), <a href="https://www.vice.com/en_ca/article/wxevj5/the-coronavirus-truthers-dont-believe-in-public-health" target="_blank">opportunist Joseph Mercola</a>'s questioning whether the COVID-19 surge in Texas has anything to do with the novel coronavirus, and conspiracy theory-rich GreenMedInfo, whose founder traffics in ridiculous ideas, such as <a href="https://www.facebook.com/watch/?v=1720256541450732" target="_blank">germ theory being false</a>. </p><p>And so here we are: instead of reporting on pressing global issues, Reuters has to <a href="https://www.reuters.com/article/uk-factcheck-metal-strip-medical-masks-5/fact-check-metal-strip-in-medical-masks-is-not-a-5g-antenna-idUSKBN24A2O1?fbclid=IwAR2nqo5OaXP3unV7v3jOhtdGY5JjivJgyBSqrKcW0pcEJfhdGWieDb1K5C8" target="_blank">fact check</a> whether the metal strip in face masks is really a 5G antenna or if Wayfair is <a href="https://www.reuters.com/article/uk-factcheck-wayfair-human-trafficking/fact-check-no-evidence-linking-wayfair-to-human-trafficking-operation-idUSKCN24E2M2" target="_blank">involved in human trafficking</a>. (The woman that posted the "medical doctor" video above is convinced Amazon is involved as well.) No matter how ridiculous these sound—and they should, to any functioning adult—common sense is losing ground: an <a href="https://www.sciencemag.org/news/2020/05/vaccine-opponents-are-gaining-facebook-battle-hearts-and-minds-new-map-shows" target="_blank">analysis</a> of over 1,300 Facebook pages with 100 million followers shows that anti-vax agendas are becoming more influential.</p><p>When the printing press was first invented, <a href="https://apple.news/Agz3WmeyWTEKLg-9yHo2BMA" target="_blank">anyone could hire a printer</a>. The idea of objective news took some time to work out, and it is questionable that it ever did get worked out. But we're in a truly disturbing place when one of the most effective therapeutics ever discovered—the <a href="https://www.tmrjournals.com/tmr/EN/abstract/abstract321.shtml" target="_blank">millennia-old idea</a> of allowing the body to build up immunity by introducing a small dose of an offending agent—is being used as, what? A political tool? An ideological battering ram? An apocalyptic battle song sung by the woke as they laugh at all the silly sheeple? </p><p>It's impossible to tell what the end game is. Being contrarian is now its own currency. Whether or not your agenda accomplishes anything is secondary to just being on the team—a participation trophy for simply showing up. Putting in the intellectual and emotional effort demanded by the complex and nuanced realm of science is proving too much for America to tolerate. When a nation descends into such intolerance, anything becomes possible. </p><p>--</p><p><em>Stay in touch with Derek on <a href="http://www.twitter.com/derekberes" target="_blank">Twitter</a>, <a href="https://www.facebook.com/DerekBeresdotcom" target="_blank">Facebook</a> and <a href="https://derekberes.substack.com/" target="_blank">Substack</a>. His next book is</em> "<em>Hero's Dose: The Case For Psychedelics in Ritual and Therapy."</em></p>
Gender and sexual minority populations are experiencing rising anxiety and depression rates during the pandemic.