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International Criminal Court

Communication to the Office of the Prosecutor

Respectfully submitted by the Resistance Committee Action Fund
and J. Whitfield Larrabee

The Situation of Greenhouse Gas Emissions, Climate Change and

Crimes Against Humanity Committed by Donald J. Trump and Scott Pruitt

The common sense of mankind demands that law shall not stop
with the punishment of petty crimes by little people. It must also
reach men who possess themselves of great power and make
deliberate and concerted use of it to set in motion evils which
leave no home in the world untouched.

–Opening Statement by Mr. Justice Jackson, November 21, 1945
Chief Prosecutor for the United States, Nuremburg Tribunal

J. Whitfield Larrabee, Attorney at Law
Resistance Committee Action Fund
251 Harvard Street, Suite 9
Brookline, MA 02446, U.S.A.
Email: info@theresistancecommittee.org
Web: www.theresistancecommittee.org
Twitter: @jwlarrabee
Tel: 00.1.617.857.9894

The Resistance Committee Action Fund
is a non-profit political action committee.
The Situation of Greenhouse Gas Emissions, Climate Change and

Crimes Against Humanity Committed by Donald J. Trump and Scott Pruitt

TABLE OF CONTENTS

I. Executive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

II. Introduction, Facts and Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

The Grave Consequences of Continuing Fossil Fuel Emissions. . . . . . . . . . . . . . . . . . . . . . 9
The United States’ Role In Fossil Fuel Emissions and The Duty of the Perpetrators. . . . . 9
Act of the Obama Administration To Limit Fossil Emissions. . . . . . . . . . . . . . . . . . . . . . . 10
The Perpetrators’ Acts and Omissions Contributing to Unnecessary Emissions. . . . . . . 12
The Quantity of Unnecessary Fossil Fuel Emissions Caused by the Perpetrators. . . . . . 16
Overview of Deaths Resulting From The Perpetrators’ Crimes Against Humanity.. . . . . 17
Disease & Malnutrition Resulting From The Perpetrators’ Crimes Against Humanity.. . 18
Increased Heat-Related Deaths and Human Suffering Resulting From The
Perpetrators’ Crimes Against Humanity.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Sea Level Rise, Death and Human Suffering Resulting From The Perpetrators’
Crimes Against Humanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
The Example of Increased Deaths and Human Suffering In Bangladesh.. . . . . . . . . . . . . 22

III. Legal Submissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

The Perpetrators Violated Article 7, sec. 1(b) of the Rome Statute by Committing the
Crime Against Humanity of Extermination and Related Crimes. . . . . . . . . . . . . . . . . . . . 24
The Perpetrators Violated Article 7, sec. 1(d) of the Rome Statute by Committing the
Crime Against Humanity of Deportation or Forcible Transfer of Population and
Related Crimes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
The Perpetrators Violated Article 7, sec. 1(k) of the Rome Statute by Committing
Crimes Against Humanity Involving Other Inhumane Acts Causing Great Suffering
and Serious Injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
The Court Has Territorial Jurisdiction over the Perpetrators’ Crimes Against
Humanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
The Court Has Jurisdiction over the Perpetrators’ Crimes Against Humanity Based On
Universality.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
The Perpetrators’ Crimes Against Humanity Are So Grave That the Court Is Obligated
to Investigate and Prosecute the Situation... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

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The Prosecution of the Perpetrators by the Court for Their Crimes Against
Humanity Is Admissible Based on the Principle of Complimentary.. . . . . . . . . . . . . . . . . 34
The Interests of Justice Strongly Favor the Investigation and Prosecution of the
Perpetrators’ Crimes Against Humanity.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

IV. Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

I. EXECUTIVE SUMMARY

1. Donald J. Trump (“Trump”) took office as President of the United States on January 20,
2017.

2. Scott Pruitt (“Pruitt”) was confirmed by the United States Senate to be the
Administrator of the United States Environmental Protection Agency (“EPA”) on
February 17, 2017.

3. This petition requests the Office of the Prosecutor to immediately investigate and
prosecute Trump and Pruitt (“the perpetrators”) for crimes against humanity involving
extermination, forcible transfer of population and other inhumane acts.

4. The perpetrators are causing global environmental destruction by issuing orders,
enacting policies and advancing regulations that are resulting in enormous fossil fuel
emissions. Hundreds of millions of people will be killed or displaced this century as a
result of Trump’s energy policies. His policies are needlessly adding to greenhouse gas
emissions and are making climate change more severe.1 Trump has issued broad orders
that maximize the United States’ fossil fuel emissions. Pruitt has aided and abetted
Trump in carrying out those orders.

5. The perpetrators’ course of conduct is resulting in expanded areas of drought, flooding
and sea level rise that are causing land to be inundated or made uninhabitable and is
forcibly displacing millions of people annually at the present time and will forcibly
displace hundreds of millions of people before the end of the century.

6. The energy policies advanced by the perpetrators are causing conditions in which global
greenhouse emissions will persist on a “business-as-usual” level for many years to
come. Business-as-usual emissions are causing accelerating and catastrophic harm to
the biosphere and to we human beings who depend upon it for our survival.

1
In this petition “global warming” and “climate change” mean human caused global
warming and climate change.

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7. Although the Intergovernmental Panel on Climate Change (IPCC) and other scientific
bodies have concluded that evidence of unprecedented climate change primarily
caused by human activity is unequivocal and overwhelming, the perpetrators have
conspired with one another, and acted in concert with others, to spread lies,
disinformation and propaganda denying climate change and global warming.2

8. Prior to and after he took office as President, Trump engaged in a widespread campaign
of lies, propaganda and disinformation in which he falsely and fraudulently
communicated to millions of his Twitter followers that global warming and climate
change are not occurring and are not real. Trump described climate change and global
warming as “nonsense” and “bullshit,” he falsely claimed that “[t]he concept of global
warming was created by and for the Chinese in order to make U.S. manufacturing
non-competitive," and he fraudulently claimed that "[g]lobal warming is an expensive
hoax!."3

9. In a televised interview on March 9, 2017, Pruitt falsely and fraudulently claimed that
carbon dioxide is not a primary contributor to the global warming.4 In another televised
interview on April 13, 2017, Pruitt advocated withdrawing from the Paris Agreement.
He stated, “Paris is something that we need to really look at closely. It’s something we
need to exit in my opinion.”5

10. Prior to taking office at the EPA, while he was the Attorney General of Oklahoma, Pruitt
worked closely with individuals and companies in the fossil fuel industry to promote the
extraction and use of fossil fuels and to oppose EPA regulations intended to reduce or
limit the quantity of fossil fuel emissions.

11. Since the perpetrators assumed their offices in 2017, they have aggressively and
systematically acted to dismantle environmental protections that limit fossil fuel
emissions and other fossil fuel pollution. The perpetrators lifted the moratorium on
federal coal leasing, rescinded requirements for reporting methane emissions, opened

2
IPCC, Climate Change 2014, Synthesis Report, Summary for Policymakers, p. 2 (2014).
3
Donald Trump, Global warming and climate change are bullshit, Twitter, (January 29,
2014); Donald Trump, Global warming concept was created by the Chinese, Twitter
(November 6, 2012); Donald Trump, Global warming is an expensive hoax, Twitter (Jan. 29,
2014).
4
Lauren Carrol, EPA head Scott Pruitt says carbon dioxide is not 'primary contributor' to
global warming, Politifact (March 10, 2017).
5
Fox News, Scott Pruitt on reports of anti-Trump environment at EPA (April 13, 2017).

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up the Arctic National Wildlife Refuge to oil and gas drilling, stalled activity to monitor
carbon pollution, disbanded scientific advisory committees and increased the number
of leases for oil and natural gas extraction on federal lands granted by the U.S.
government. The perpetrators also proposed to lower emission standards for cars and
trucks, approve the Keystone XL tar-sands oil pipeline, expanded offshore drilling on the
outer-continental shelf, opened national monuments and marine sanctuaries to fossil
fuel extraction and eliminated protections limiting leaking and flaring of methane. The
perpetrators have taken steps to repeal the Clean Power Plan, the 2015 EPA rule to
reduce carbon dioxide emissions from American power plants. Trump announced his
plan to withdraw the U.S. from the Paris climate agreement and to halt implementation
of the agreement. Trump imposed tariffs on imported solar modules and cells. He is
advocating for a 72% cut in renewable energy research. The perpetrators have taken
numerous other steps to eliminate, delay and impede enforcement of laws and
regulations that reduce greenhouse gas emissions and other pollution from the
production and consumption of fossil fuels. They have maliciously omitted to take
necessary actions to prevent catastrophic environmental destruction caused by fossil
fuel emissions and other fossil fuel pollution.

12. The perpetrators are the only leaders of any nation the world to declare that they will
not implement the Paris Climate Agreement and to announce that their country will
withdraw from the agreement. The failure to implement the Paris Climate Agreement is
one action in a lengthy course of conduct engaged in by the perpetrators that has
resulted in their committing crimes against humanity.

13. The perpetrators are maliciously causing global environmental destruction for their own
political gain in concert with other members of The Republican Party and individuals in
the fossil fuel industry.6 On March 1, 2017, Robert Murray, the owner of the largest coal
mining company in the United States, presented an “Action Plan” for the Trump
administration to Vice President Mike Pence with 16 detailed requests for rolling back
environmental protections affecting coal mining.7 Shortly thereafter, Murray met with
Secretary of Energy Rick Perry to discuss implementing the plan. Most of the requests
in the Action Plan, that are designed to cause unnecessary and damaging greenhouse
gas emissions, have been carried out by the perpetrators or are on track to being
carried out.8

6
Jean-Daniel Collomb, The Ideology of Climate Change Denial in the United States,
European Journal of American Studies (Spring 2014).
7
Robert Murray, Action Plan For The Administration of President Donald J. Trump
(March 1, 2017).
8
Lisa Friedman, How a Coal Baron’s Wish List Became President Trump’s To Do List,
New York Times (January 9, 2018).

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14. The perpetrators’ acts and omissions are contributing to cause increased ocean
acidification, sea level rise, severe heat waves, widespread droughts, wildfires, more
severe hurricanes and cyclones, floods, desertification, extreme weather events, and
other deadly impacts.9 The global effects of the perpetrators’ conduct are leading
civilization to ecological, economic and social collapse.10

15. The perpetrators’ acts and omissions are contributing to cause the mass extinction of
plants and animals upon which we all depend for our survival through the inter-
connected web of all life on Earth. A few examples of particularly vulnerable animal
species include: corals, penguins, monarch butterflies, polar bears, snow leopards, musk
ox, narwhals, elephant seals, elephants, mountain gorillas, North Atlantic Cod, and
Central American golden toads. 11 12 The perpetrators’ activities are particularly
inhumane because they are contributing to permanently depriving all of humanity of
much of the beautiful and beneficial biodiversity of the Earth.

16. The perpetrators are creating an environmental time bomb that is designed to kill
people throughout the Earth in huge numbers between now and 2100.13 At present, at
least 5 million people die each year as a result of fossil fuel emissions and other fossil
fuel pollution.14 Climate change alone causes about “400,000 deaths on average each
year today, mainly due to hunger and communicable diseases that affect, above all
children, in developing countries.”15 By 2030, deaths from climate change are predicted
to increase to an average of 540,000 per year.16 This is about 1 death per minute

9
Declaration of James Hansen, Kelsey Cascadia Rose Juliana, Xiuhtezcatl Tonatiuh M. et
al. v. United States, Barack Obama et al., Docket No. 6:15-cv-01517, p. 45, par. 17; p. 50, par
18; p. 51, par. 18-19 (Dist. Oregon 2015).
10
Ibid, page 2, par. 10.
11
Ehrlich, Paul, et. al., Accelerated modern human–induced species losses: Entering the
sixth mass extinction, Science Advances, Vol. 1, no. 5 (2015).
12
Mass Extinction Underway,retrieved February 4, 2018 (compilation of numerous
sources related to mass extinction.)
13
Climate vulnerability monitor: a guide to the cold calculus of a hot planet, 2nd ed.
Madrid: Fundación DARA Internacional (2012).
14
Ibid, 16-17.
15
Ibid.
16
Ibid.

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caused by climate change in 2030. At this rate, in the 70 years from 2030 to 2100, more
than 38 million deaths will occur as a solely result of climate change. Like arsonists
pouring gasoline onto a raging fire, the perpetrators are participating in killing millions
of people by accelerating climate change with unnecessary fossil fuel emissions.

17. The perpetrators are engaged in a course of criminal conduct that is killing and will kill
millions of children. The World Health Organization predicts that climate change will
cause an additional 250,000 deaths per year from malaria, diarrhea, heat stress and
under-nutrition between 2030 and 2050.17 This amounts to 5 million additional deaths
during this time period. More than half of the death toll from diarrheal disease occurs
in children and more than 99% of these cases occur in developing countries.18 African
children under 5 years old make of the majority of deaths from malaria.19

18. The greenhouse gas emissions dispersed into the atmosphere as a result of the criminal
actions of the perpetrators will persist in the oceans and atmosphere for centuries and
will cause people to be killed far into the future.20

19. Millions of people in developing nations, who have contributed the least to the
problems of climate change and global warming, are being disproportionately killed and
victimized by the crimes of the perpetrators. Although all countries are adversely
affected by the perpetrators’ crimes, countries in Africa and South Asia are likely to
suffer many of the most severe and negative impacts of climate change. The
perpetrators’ crimes are perpetuating oppression and injustice that was imposed upon
these regions through colonialism.

20. There is an enormous body of evidence from Intergovernmental Panel on Climate
Change (“IPCC”), The World Health Organizations, The World Bank, national scientific
bodies, non-governmental organizations and investigative journalists providing
probable cause for the Prosecutor to investigate whether the perpetrators are guilty of
crimes against humanity that are within the Court’s jurisdiction.

17
WHO Statement, WHO calls on countries to protect health from climate change.
(November 17, 2015).
18
Climate vulnerability monitor: a guide to the cold calculus of a hot planet, supra at
157-158.
19
Ibid.
20
Declaration of James Hansen, supra (note 9) p. 10, par. 28, n. 8.

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21. The perpetrators are guilty of crimes against humanity under Article 7 of the Rome
Statute based on their commission of extermination, forcible transfer of populations
and other inhumane acts.

22. The perpetrators are guilty of crimes against humanity under Articles 7 and 25 of the
Rome Statute based on their actions in concert with one another, and in concert with
other individuals, companies and organizations, to aid, abet, assist, participate, order
and to act as accessories in extermination, forcible transfer of populations and other
inhumane acts.

23. The perpetrators are guilty of crimes against humanity under Articles 7 and 25 of the
Rome Statute based on their conspiracy with one another, and with other individuals,
companies and organizations, to commit and attempt to commit extermination, forcible
transfer of populations and other inhumane acts.

24. The Rome Statute obligates the Prosecutor to investigate and, if appropriate, to
prosecute claims arising from crimes against humanity resulting from global
environmental destruction. Humanity’s response to the climate crisis is our primary
challenge for the 21st century. The International Criminal Court is uniquely able to
prosecute international leaders who are substantially worsening climate change
through their crimes against humanity. The Court has a moral and legal duty to
immediately take all actions within its powers to prosecute these crimes. It is necessary
to charge and fully prosecute the perpetrators for their crimes against humanity in
order to maintain the moral standing of the Court.

25. The International Criminal Court has territorial jurisdiction over the crimes of the
perpetrators. Although the United States is not a State Party to the Rome Statute, the
crimes are not localized to the United States. While they originate in the United States,
they occur on the territory of every country and thus effect the territory of nations who
are parties to the treaty. Furthermore, victims of the crimes are nationals of nations
who are parties to the treaty. Individuals and organizations who are co-conspirators
and joint venturers with the perpetrators include multi-national corporations,
executives and government officials throughout the world who live and work in the
territory of nations who are parties to the treaty.

26. The International Criminal Court has universal jurisdiction over these crimes because
they injure all nations and all inhabitants of the earth.

27. The Complainants request that the Prosecutor take the following steps:

a. initiate an investigation into the facts surrounding this communication in
accordance with Article 51 (1).
b. provide the Complainants with the opportunity to make submissions to the
Court in support our their request to investigate and prosecute their claims;

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c. allow the Complainants to provide written and/or oral testimony to the
Prosecutor at the seat of the Court, in accordance with Article 15 (2);
d. request additional information from national governments, national and
international scientific bodies and organizations, intergovernmental and
non-governmental organizations and other reliable sources in accordance with
Article 15 (2); and,
e. before determining the question of territorial jurisdiction, request a ruling from
the Court on this question in accordance with Article 19 (3).
f. take all other steps necessary to procure a warrant for the arrest of the
perpetrators.

II. INTRODUCTION, FACTS AND EVIDENCE

The Grave Consequences of Continuing Fossil Fuel Emissions

28. The grave consequences of excessive greenhouse gas emissions and climate change are
well known. Business-as-usual fossil fuel emissions are leading civilization to economic,
ecological and social collapse. Climate scientist James Hansen, past Director of the
United States National Aeronautic and Space Administration Goddard Institute for
Space Studies, has recently made a declaration setting forth in detail the adverse
impacts of continuing high levels of fossil fuel emissions for human civilization.21 The
petitioners incorporate that declaration by reference as if fully set forth herein.

The United States’ Role In Fossil Fuel Emissions and The Duty of the Perpetrators

29. CO2 emissions rapidly escalated throughout the 20th century and continue to escalate
through the present time. The United States has the largest cumulative emissions of
greenhouse gases from fossil fuels of any country; through 2014, the United States’
share of global fossil fuel emissions was 25.5%, while China’s was 11.6%.22 China is
currently the leading emitter of greenhouse gases, while the United States is the second
leading emitters.23 The citizens of the United States have contributed many times as
much in cumulative greenhouse gas emissions on a per capita basis than have the
citizens of China and we continue to do so.

21
Declaration of James Hansen, supra., (note 9) p. 27, ¶ 78, n. 6.
22
Ibid.
23
Trends in Global CO2 Emissions: 2016 Report, European Commission, Joint Research
Centre, Directorate Energy, Transport and Climate, JRC Science for Policy Report: 103428.

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30. It is an established custom and principle of international law that nations have the
responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other states or of areas beyond the limits of national
jurisdiction.24 The International Court of Justice has recognized that a State is “obliged
to use all the means at its disposal in order to avoid activities which take place in its
territory, or in any area under its jurisdiction, causing significant damage to the
environment of another State.”25 The Court held that this obligation “is now part of the
corpus of international law relating to the environment.”26

31. In light of the United States’ role as a top emitter and as the largest cumulative emitter
of greenhouse gases from fossil fuels, the United States, Trump and Pruitt have a
special role, obligation and duty to prevent further harmful accumulation of
greenhouse gases by mitigating emissions in the United States.

32. By refusing to implement the Paris Climate Agreement, reversing limits on fossil fuel
emissions established by the Obama administration and failing to take necessary
additional steps to limit emissions, the perpetrators are locking in extreme global
warming and climate change due to the existing “emissions gap.”27

Acts of the Obama Administration to Limit Emissions

33. Under the Administration of President Barrack Obama, a number of initiatives were put
forward to limit greenhouse gas emissions in the United States.

34. In 2012, the Environmental Protection Agency and the National Highway Traffic Safety
Administration, on behalf of the Department of Transportation, issued final rules to
reduce greenhouse gas emissions and improve fuel economy for light-duty vehicles for
model years 2017 and beyond.28 Under the rules, the corporate average fuel economy
for cars and light trucks increased to 36.6 mpg in 2017, and 54.6 mpg by 2025.

24
Charter of Economic Rights and Duties of States, Art 30 (UNGA Res. 3281 (1974)).
25
Pulp Mills on the River Uruguay, ICJ, ¶ 101 (2010).
26
Ibid.
27
United Nations, Executive summary, Emissions Gap Report, (2017).
28
2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions
and Corporate Average Fuel Economy Standards, 40 CFR Parts 85, 86, and 600; 49 CFR Parts
523, 531, 533. et al. and 600.

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35. In June 2013, President Obama announced a comprehensive Climate Action Plan for the
United States to reduce carbon pollution, prepare for the impacts of climate change,
and lead international efforts to address global climate change.29

36. In July of 2015, the United States Interagency Working Group on Social Cost of Carbon
established the social cost of carbon to be $36 for a ton of CO2 emitted in 2015.30 The
social cost of carbon is a tool used by US government agencies to decide which
carbon-reducing regulatory approaches make the most sense based on cost-benefit
analyses.31 Part of any government regulation — from fuel efficiency standards to
building codes — includes an official cost-benefit analysis. The EPA and other agencies
estimated the social cost of carbon to measure the savings that come from avoiding
costs associated with climate change, like rising sea levels, heat waves or droughts.
“The number is based on a complex model of how both the economy and the climate
would be affected by global warming. Under Obama-era rules, the cost included
potential climate-related damage in the United States and abroad.” 32

37. In October 23, 2015, the Environmental Protection Agency created the so-called “Clean
Power Plan.” The Clean Power Plan was established by a rule (RIN 2060–AR33) titled
"Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility
Generating Units." 33 The Clean Power Plan is designed to lower the carbon dioxide
emitted by electric power generators in the United States. (In 2016, 33.8% percent of
U.S. electricity generation at utility-scale facilities was derived from natural gas, while
30.4% was derived from coal).34

29
Executive Office of the President, The President’s Climate Action Plan (June 2013).
30
Interagency Working Group on Social Cost of Carbon, United States Government,
Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory
Impact Analysis - Under Executive Order 12866 (July 2015).
31
H. Shelanski, M. Obstfeld, Estimating the Benefits from Carbon Dioxide Emissions
Reductions, White House (July 2, 2015).
32
C. Amico, A. Tsui, War on the EPA, How Scott Pruitt’s EPA Is Erasing Obama’s Climate
Change Legacy, Frontline (October 11, 2017).
33
"Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility
Generating Units," 40 CFR Part 60.
34
United States Energy Information Administration, Frequently Asked Questions, What
is U.S. electricity generation by energy source?.

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38. On June 3, 2016, the Environmental Protection Agency issued a final rule establishing
“new source performance standards” for fugitive emissions of methane and other
pollutants by the oil and natural gas industries.35 The regulation of methane emissions
(CH4) is important because 1 ton of methane will absorb 28 to 36 times as much energy
as 1 ton carbon dioxide (CO2) over a period of 100 years.

39. On October 25, 2016, the Obama administration issued final rules to cut greenhouse
gas emissions from medium and heavy-duty trucks through 2027, a sector that accounts
for 20 percent of carbon pollution from vehicles.36 The regulations set standards and
other requirements for heavy-duty glider vehicles, glider engines, and glider kits.
Gliders are a type of heavy truck in which an outdated and rebuilt engine is installed in
a new truck body in order to avoid regulations that apply to new trucks. Glider engines
are most often built prior to 2004. Emissions standards for new heavy-duty trucks were
strengthened in 2004. These emissions standards have become more demanding over
time. According to EPA estimates, gliders and trailers using engines manufactured
before 2002 produce emissions that are 20 to 40 times as high as those of currently
manufactured trucks. The commercial vehicle rules would cut 1.1 billion metric tons of
greenhouse gas emissions, the Obama administration estimated. It also estimated fuel
costs would be cut by about $170 billion, surpassing the $25 billion projected costs for
new technology.

40. On September 3, 2016, the United States formally joined the Paris Climate Agreement.
The agreement was made on December 12, 2015 and was signed on behalf of he United
States on April 22, 2016.

41. On January 13, 2017, the Environmental Protection Agency made a “Final
Determination on the Appropriateness of the Model Year 2022-2025 Light-Duty Vehicle
Greenhouse Gas Emissions Standards under the Midterm Evaluation.”37 The regulation
is intended to reduce CO2 emissions over the lifetime of the vehicles sold under the
program.

35
EPA, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and
Modified Sources, 40 CFR 60; 81 Fed. Reg. 35,824 (June 3, 2016).
36
EPA, Final Rule Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-
and Heavy-Duty Engines and Vehicles-Phase 2, 81 Fed. Reg. 73478 (October 25, 2016).
37
EPA, 2022-2025 Light-Duty Vehicle Greenhouse Gas Emissions Standards under the
Midterm Evaluation (January 13, 2017).

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Acts and Omissions of the Perpetrators Contributing Unnecessary Emissions

42. Under the Administration of President Trump, a barrage of initiatives were put forward
that reversed many steps taken by the Obama administration to limit fossil fuel
emissions and other pollution. The Trump administration has put forward a number of
initiatives to increase fossil fuel extraction and consumption and these initiatives are
causing unnecessary fossil fuel emissions. The energy policies of Trump administration
are singularly focused on promoting the extraction and consumption fossil fuels.

43. On January 24, 2107, 4 days after taking office, Trump signed an executive order
promoting the Keystone XL and Dakata Access Pipelines. On March 24, Trump
announced that approval of the permit for the Keystone XL.38 The Keystone XL
pipeline, intended to carry oil derived from tar sands in Alberta Canada, could
contribute 110 megatons of annual CO2 emissions in 2025.39 The Dakota Access
pipeline could contribute 101 megatons of annual CO2 emissions in 2025.40

44. On March 15, 2017, Pruitt announced that the EPA would reexamine emission
standards for cars and light duty trucks for model years 2022-2025. 41

45. On March 28, 2017, Trump signed an “Executive Order on Energy Independence”
(Executive Order 13783), establishing a national policy in favor of “energy
independence, economic growth, and the rule of law.” The purpose and effect of the
Executive Order 13783 is to promote the consumption of coal, oil and natural gas
produced in the United States and to eliminate environmental protections related to
the exploitation of domestic fossil fuel reserves.42 Executive Order 13783 minimizes and
reverses, and provides instructions to federal agencies to minimize and reverse,
numerous actions taken under the Obama administration to limit and reduce
greenhouse gas emissions. The policy and practice of the Trump Administration, as
implicitly shown by the order, is to not take meaningful actions to limit or reduce
greenhouse gas emissions.

38
White House, Remarks of President Trump on Keystone XL Pipeline (March 24, 2017).
39
Luke Kemp, Limiting the Climate Impact of the Trump Administration, Palgrave
Communications 3, Article number: 9 (2017).
40
Ibid.
41
EPA, News Release, (March 15, 2017).
42
Donald Trump, Executive Order on Energy Independence (Executive Order 13783)
(March 28, 2017).

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46. Executive Order 13783 disbanded The Interagency Working Group on Social Cost of
Greenhouse Gases. Trump ordered that the groups’ documents, that established the
social cost of carbon to be $36 for a ton of CO2 emitted in 2015, be withdrawn as no
longer representative of governmental policy. Instead of the group’s conclusions,
Trump ordered that federal agencies are to rely on 2003 guidelines from the Office of
Management and Budget for future calculations. (these guidelines were established
before agencies factored in costs related to climate change or savings that result from
avoiding it.)

47. On March 28, 2017, Pruitt announced the EPA’s review of regulations intended to
reduce greenhouse gas emissions, including review of the “Clean Power Plan”43 and the
“new source performance standards” for fugitive emissions of methane.44

48. On June 1, 2017, Trump announced that the United States will withdraw from the Paris
Climate Accord. Trump stated that the United States will cease all implementation of
the Paris Accord, including ending the implementation of the nationally determined
contribution and the Green Climate Fund.45 Trump was supported in these actions by
Pruitt, who described Trump’s action as “an historic restoration of American economic
independence.”46 Without cooperation from the United States, environmental
destruction caused by greenhouse gas emissions, climate change and global warming is
made more severe.

49. In Trump’s statement on the Paris Climate Accord, he asserted that fully implementing
the agreement would reduce global temperatures by two-tenths of one degree Celsius
by the year 2100.47 Trump’s statement demonstrates that he is aware that greenhouse
emissions are contributing to global warming. The statement on the Paris Climate
Accord strongly indicates that his many prior statements, where he claimed that global
warming is a hoax, were deliberate lies that were maliciously made for political gain.

43
Scott Pruitt, Environmental Protection Agency, Announcement of Review, 82 FR
16330 (March 28, 2017).
44
Scott Pruitt, Environmental Protection Agency, Announcement of Review, 82 FR
16331 (March 28, 2107).
45
Donald Trump, Statement on the Paris Climate Agreement, White House (June 1,
2017).
46
Ibid.
47
Ibid.

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50. In a draft analysis related to the repeal of the Clean Power Plan that was issued October
of 2017, the EPA established the social cost of carbon at between $1 and $6 per ton of
CO2 emitted.48 The analysis was able to lower the estimated cost of CO2 emissions per
ton largely by excluding from consideration damage occurring outside of the United
States. One of the purposes of this is to justify lower emissions cuts in any future
replacement of the Clean Power Plan.49

51. In October of 2017, the EPA proposed to repeal the Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility Generating Units, commonly
referred to as the Clean Power Plan.50 The failure to implement the Clean Power Plan
could contribute an additional 200 megatons of annual CO2 emissions in 2025.51

52. On November 9, 2017, EPA Administrator Pruitt signed a proposal to repeal the 2016
emission standards and other requirements for heavy-duty glider vehicles, glider
engines, and glider kits.52

53. On December 22, 2017, Trump signed legislation calling for oil and gas lease sales in the
Arctic National Wildlife Refuge (ANWR) in Alaska.53 The opening of ANWR to oil and
natural gas development is projected to increase U.S. crude oil production and
therefore increase greenhouse gas emissions. Oil production resulting from the
opening of ANWR to exploration and drilling is projected to reach as high as 780

48
Environmental Protection Agency, Regulatory Impact Analysis for the Review of the
Clean Power Plan: Proposal (October 2107).
49
Chris Amico, Anjali Tsui, PBS Frontline, War on the EPA: How Scott Pruitt’s EPA Is
Erasing Obama’s Climate Change Legacy (October 11, 2017).
50
Environmental Protection Agency, Proposed rule, 82 FR 48035 (October 16, 2017).
51
Luke Kemp, Limiting the Climate Impact of the Trump Administration, Palgrave
Communications 3, Article number: 9 (2017).
52
EPA, Regulations for Emissions from Vehicles and Engines, News & Events; EPA,
Proposed Rule: Repeal of Emission Requirements for Glider Vehicles, Glider Engines, and Glider
Kits, 82 Fed. Reg. 53442 (November 16, 2017).
53
Public law no. 115-97, an Act to provide for reconciliation pursuant to titles II and V of
the concurrent resolution on the budget for fiscal year 2018 (December 22, 2017).

-15-
thousand barrels per day.54 This is 8.8 percent of total U.S. oil production in 2016,
which amounted to 8.86 million barrels per day.55

54. Pursuant the Trump’s policies, practices and orders, on January 4, 2018, Secretary of
Interior Ryan Zinke proposed to expand offshore drilling under the National Outer
Continental Shelf Oil and Gas Leasing Program for the period from 2019-2024. 56 The
proposal includes 19 lease sales off the coast of Alaska, 7 in the Pacific Region, 12 in the
Gulf of Mexico, and 9 in the Atlantic Region. This is the largest number of lease sales
ever proposed for the National Outer Continental Shelf Program’s 5-year lease
schedule. Under the proposal, nearly the entire outer continental shelf will be opened
for oil and gas drilling and extraction. Increased drilling and extraction on the outer
continental shelf will result in greater production and consumption of fossil fuels
leading to increased CO2 emissions. Fugitive emissions of methane will also occur
during the extraction process.

55. On January 23, 2018, Trump announced a 30 % tariff on imported solar cells and
modules.57

56. Trump intends to propose cutting the budget of Department of Energy’s Office of
Energy Efficiency and Renewable Energy, which funds research on advanced vehicles as
well as other aspects of clean energy. Trump proposes to cut the budget by 72%, from
$2.09 billion in 2017 to $.64 billion in 2018. 58

57. The perpetrators have utterly failed to take reasonable and necessary steps to limit and
reduce fossil fuel emissions. They have failed to advance a carbon tax, a cap and trade
system or other any other mechanism to limit and reduce out-of-control fossil fuel
emissions.

54
United States Department of Energy, Energy Information Administration, Analysis of
Crude Oil Production in the Arctic National Wildlife Refuge. SR/OIAF/2008-03. Washington,
D.C.: GPO. (May 2008).
55
U.S. Energy Information Administration, Short-Term Energy Outlook (December 12,
2017) (retrieved January 5, 2018).
56
U.S. Department of the Interior, Secretary Zinke Announces Plan For Unleashing
America’s Offshore Oil and Gas Potential, (January 4, 2018).
57
Donald Trump, Presidential Proclamation (January 23, 2018).
58
Chris Mooney, White House seeks 72 percent cut to clean energy research,
underscoring administration’s preference for fossil fuels, Washington Post, (January 31, 2018).

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The Quantity of Unnecessary Fossil Fuel Emissions Caused by the Perpetrators

58. Under the Paris Agreement, the United States agreed to reduce greenhouse gas
emissions to as least 26% below 2005 levels by 2025.59 This goal is called the United
States’ Nationally Determined Contribution.

59. Assuming Trump only remains in power for a single term, about 12 billion more tons of
CO2 could be emitted by 2050 than would have been emitted under the Obama
administration’s Mid-Century Strategy for Deep Decarbonization, a long-term plan for
cutting emissions.60 (In 2015, for comparison, about 36.2 billion tons of CO2 - 9.9 billion
tons of carbon - were emitted globally by humans.) In a single term, Trump and Pruitt
are expected to cause .3 years of additional global greenhouse gas emissions (based on
the current level of emissions.)61 If Trump remains in power for two terms, the impact is
projected to be .6 years of additional global greenhouse gas emissions (about 20 billion
more tons of CO2 emissions.)62

60. The perpetrators’ unnecessary contribution to global green house gas emissions is
extremely disproportionate in comparison with other human beings. .3 to .6 years of
additional global greenhouse gas emissions is equivalent to the combined average
annual emissions of about 2.25 to 4.5 billion people.

61. Rather than reducing greenhouse gas emissions, the actions of Trump and Pruitt are
causing US emissions to stabilize at dangerously high levels, or to increase, through
2030.63 By stabilizing or increasing US emissions, Trump and Pruitt are deliberately
preventing the United States from meeting its Nationally Determined Contribution
under the Paris Agreement and are causing severe harm to the biosphere.

59
Government of the United States of America, USA Intended Nationally
Determined Contribution, Washington D.C. (2015).
60
Christopher S. Galik, Evaluating the US Mid-Century Strategy for Deep
Decarbonization amidst early century uncertainty, Climate Policy, Pages 1046-1056 (July 31,
2017).
61
Christopher S. Galik, Evaluating the US Mid-Century Strategy for Deep
Decarbonization amidst early century uncertainty, supra.
62
Christopher S. Galik, Evaluating the US Mid-Century Strategy for Deep
Decarbonization amidst early century uncertainty, supra.
63
Rogelj, J, et al., Perspective: Paris Agreement climate proposals need boost to
keep warming well below 2 °C . Nature Climate Change 534 (June): 631–639 (2016).

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Overview of Deaths Resulting From The Perpetrators’ Crimes Against Humanity

62. Commencing promptly after they assumed their offices in the government of the
United States in early 2017, the perpetrators have planned, ordered, assisted, and
participated in systematically causing unnecessary greenhouse gas emissions and other
pollution from carbon-based fuels that are contributing to and will contribute to the
death and suffering of many millions of people. The perpetrators’ criminal course of
conduct is leading the United States to nearly unmitigated fossil fuel emissions during
Trump’s term or terms in office. The perpetrators’ course of conduct is locking
civilization on a path of “business-as-usual” greenhouse gas emissions through 2030.
These high emissions will cause some of the worst predicted impacts of climate change.

63. As detailed in paragraph 16, above, more than 38 million deaths will occur as a solely
result of climate change this century. In addition, it is likely that far more than 400
million deaths will be caused by climate change and other fossils fuel pollution during
the remaining years in this century under business-as-usual conditions.64

Disease & Malnutrition Resulting From The Perpetrators’ Crimes Against Humanity

64. As previously mentioned, the World Health Organization predicts that climate change
will cause an additional 250,000 deaths per year from malaria, diarrhea, heat stress and
under-nutrition between 2030 and 2050.65 This amounts to 5 million additional deaths
during this time period. The hungry rarely die from starvation. Rather, as their health
and resilience are eroded by malnutrition, they become vulnerable to viruses, bacteria
and parasites. They then die from scurvy, diarrhea, tuberculosis, HIV, pneumonia,
malaria and other diseases.66 The effects of climate change taking place from 2051 to
2100 will be more severe than those from 2030 to 2050 due to ongoing emissions
brought about by the perpetrators. Accordingly, there will likely be more than 12.5
deaths from malaria, diarrhea, heat stress and under-nutrition due to climate change
during the second half of the century. Many of these deaths will occur within the
territories of countries that are State Parties to the Rome Statute.

64
Climate vulnerability monitor: a guide to the cold calculus of a hot planet, supra.
65
WHO Statement, WHO calls on countries to protect health from climate change.
(November 17, 2015).
66
Schaible UE, Kaufmann SH, Malnutrition and Infection: Complex Mechanisms
and Global Impacts, PLOS Medicine 4(5): e115. (2007).

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65. Many millions of people will suffer, but will not die, from malaria, diarrhea, heat stress
and under-nutrition caused by worsening climate change and global warming related to
the perpetrators’ crimes. The adverse health effects imposed upon millions of people
by fossil fuel emissions unnecessarily released as a result of the perpetrators’ course of
conduct are “other inhumane acts” that amount to crimes against humanity.

Increased Heat-Related Deaths and Human Suffering
Resulting From The Perpetrators’ Crimes Against Humanity

66. The perpetrators’ course of criminal conduct is contributing to exponential increases in
heat-related deaths throughout the world.

67. A study by the European Commission Joint Research Centre illustrates some of the
deadly effects that the business-as-usual emissions caused by the perpetrators are
having and will have in western Europe from now through the end of this century.67
The Joint Research Centre studied the weather-related deaths that will occur this
century in Europe in the event that civilization remains on the path leading to “a
business-as-usual scenario of greenhouse gas emissions.”

68. The Joint Research Centre found that:

During the reference period (1981–2010), around 3,000
Europeans lose their lives each year because of weather disasters.
If no adaptation measures are implemented, this number could
rise substantially in the coming decades, to reach 32,500 deaths
(uncertainty range 10,700–59,300) by the period 2011–40 (about
a ten-times increase), 103,300 (48,300–179,300) by 2041–70
(about a 30-times increase), and 152,000 (80 500–239 800) by
2071–100 (about a 50-times increase). The population that is
exposed on an annual basis is projected to increase from 25
million per year during the reference period to 78 million (27
million to 166 million) by the period 2011–40, 236 million (74
million to 471 million) by 2041–70, and 351 million (126 million to
523 million) by 2071–100. These findings imply that, by the end of
this century, about two-thirds of Europeans could be exposed to
a weather-related disaster every year compared with 5% during
the reference period.

67
Forzieri, Giovanni et al., Increasing risk over time of weather-related hazards to the
European population: a data-driven prognostic study, The Lancet Planetary Health , Volume 1 ,
Issue 5 , e200 - e208 (2017).

-19-
69. The Joint Research Centre found that 99% of future weather-related deaths in Europe
will occur due to heat waves caused by climate change. From the information provided
in the study, we can determine that more than 7 million additional heat-related deaths
will occur in Europe from now until 2100 if business-as-usual greenhouse emissions
continue. Nearly every European Union state is a State Party to the Rome Statute.

70. Other areas of the Earth, including very populous areas in Africa, South Asia and China,
will suffer severe impacts from global warming.68 More than 93% of the world’s
population lives outside Europe. Extrapolating from the study of the Joint Research
Centre, more than 100 million additional heat-related deaths will occur globally from
now until 2100 if business-as-usual greenhouse emissions continue. Bangladesh, in
particular, will suffer severe increases in heat-related deaths and human suffering due
to the perpetrators’ crimes.69 Bangladesh and 33 African states are State Parties to the
Rome Statute.

Sea Level Rise, Death and Human Suffering Resulting
From The Perpetrators’ Crimes Against Humanity

71. Sea level rise is one of the most severe problems resulting from greenhouse gas
pollution and climate change.

72. As a result of climate change, the pace of global sea level rise has doubled since 1993
and is accelerating. Sea level is rising at a rate of 3.4 mm per year, due to a
combination of melting glaciers and ice sheets, and thermal expansion of seawater as it
warms. As global temperatures increase, sea level will continue to rise.

73. Global mean sea level will rise between .3 meters (low) and 2.5 meters (extreme) by
2100, depending on the rate of greenhouse gas emissions and future global warming.70
(1 foot to 8 feet). Earth is on the path toward extreme sea level rise due to business-as-
usual greenhouse gas emissions.

68
Simone Russo et al, When will unusual heat waves become normal in a warming
Africa?, Environ. Res. Lett. 11 054016 (2016).
69
World Health Organization, Climate and Health Country Profile, Bangladesh,
(2015).
70
United States National Oceanic and Atmospheric Administration, Global and Regional
Sea Level Rise Scenarios for the United States, NOAA Technical Report NOS CO-OPS 083
(January 2017).

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74. More than 50% of global population lives within 60 kilometers of a coast. An estimated
270 million people worldwide live in areas at risk of innundation by storm surges.71
Business-as-usual emissions will extend this risk to at least an estimated 450 million to
670 million people worldwide.72

75. As sea level rises, the area of the world inundated by sea water increases. Business-as-
usual emissions will increase the inundation areas by at least 1.25 million km2 to 1.32
million km2 by 2100.73 As a result, sea level rise will inundate many coastal cities and low
lying islands this century.

76. 10 of the most vulnerable cities to sea level rise, when losses from flooding are
measured as percentage of GDP, include: 1) Guangzhou, China; 2) New Orleans, U.S.; 3)
Guayaquil, Ecuador; 4) Ho Chi Minh City, Vietnam; 5) Abidjan, Ivory Coast; 6) Zhanjing,
China; 7) Mumbai, India; 8) Khulna, Bangladesh; 9) Palembang, Indonesia; and 10)
Shenzen, China. 74

77. In terms of the overall cost of damage, 10 cities at some of the greatest risk are: 1)
Guangzhou, China 2) Miami, U.S. 3) New York, U.S. 4) New Orleans, U.S. 5) Mumbai,
India 6) Nagoya, Japan 7) Tampa, U.S. 8) Boston, U.S. 9) Shenzen, China and 10) Osaka,
Japan.75

78. According to research by the World Bank, "hundreds of millions of people in the
developing world are likely to be displaced by [sea level rise] within this century."76

71
Nobuo Mimura, Sea-level rise caused by climate change and its implications for
society, Proceedings of the Japan Academy Series B Physical Biological Science (July 25, 2013)
Jul 25; 89(7): 281–301. doi: 10.2183/pjab.89.281.
72
Nobuo Mimura, Sea-level rise caused by climate change and its implications for
society, supra.
73
Nobuo Mimura, Sea-level rise caused by climate change and its implications for
society, supra.
74
Stephane Hallegatte, et al, Future flood losses in major coastal cities, Nature Climate
Change (August 18, 2013).
75
Stephane Hallegatte, et al, Future flood losses in major coastal cities, supra.
76
Susmita Dasgupta, et.al., The Impact of Sea Level Rise on Developing Countries: A
Comparative Analysis, World Bank Policy Research Working Paper 4136, p. 2 (February 2007).

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79. Approximately 0.3% (194,000 km2) of the territory of the 84 developing countries
studied by the World Bank would be impacted by a 1-meter sea level rise this century.
Though this remains relatively small area in percentage terms, “approximately 56
million people (or 1.28% of the population) of these countries would be impacted under
a 1m [sea level rise].” 77

80. Some of the most vulnerable countries in Latin America and the Carribean include
Suriname, Guyana, French Guiana, and The Bahamas. With a 1m sea level rise would
severely impact , the populations of Suriname, Guyana, French Guiana, and The
Bahamas would be most severely impacted 7.0%, 6.3%, 5.4% and 4.5% respectively of
these countries’ national population.78 Suriname, Guyana, French Guiana are State
Parties to the Rome Statute.

81. Adverse impacts of sea-level rise include inundation of land, coastal erosion,
destruction of coastal ecosystems, flooding, contamination of groundwater sources, salt
intrusion into soil and harm from extreme weather. Rising sea levels, in combination
with extreme weather events, result in deaths from drowning and harm to people’s
health related to the destruction of homes, medical facilities and other essential
services. Rising sea-levels force people from their lands and homes causing them to
suffer from physical and mental diseases.79 The area of land that is being and will be
inundated, the number of people who will be made to be refugees and the economic
destruction caused by sea-level rise will cause many millions of people die, suffer illness
and to be impoverished.

82. By unnecessarily contributing to cause high fossil fuel emissions, the perpetrators’ are
contributing to cause millions of people to die, suffer illness, and become impoverished
as a result of sea-level rise.

The Example of Increased Deaths and Human Suffering In Bangladesh

83. Although the contribution of Bangladesh to greenhouse gas emissions, global warming
and climate change is negligible, the country is being and will be severely harmed by the
perpetrators’ criminal course of conduct. Sea-level rise is causing death and harm to
millions of people in Bangladesh and it threatens the survival of a millions of others.

77
Susmita Dasgupta, et.al., The Impact of Sea Level Rise on Developing Countries: A
Comparative Analysis, supra at p. 10.
78
Susmita Dasgupta, et.al., The Impact of Sea Level Rise on Developing Countries: A
Comparative Analysis, supra. at p. 12.
79
World Health Organization, Climate change and health (July 2017).

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84. Under business-as-usual or other high emissions scenarios: “without large investments
in adaptation, an annual average of 7.2 million people are projected to be affected by
flooding due to sea level rise between 2070 and 2100.”80 Bangladesh is a less developed
nation where much of the population suffers from poverty, hunger and malnutrition. It
lacks the resources for large investments in adaptation.

85. Under business-as-usual emissions, one to two meters of sea-level rise is likely by
2100.81 One meter of sea-level rise:

will affect the vast coastal area and flood plain zone of
Bangladesh. Both livelihood options of coastal communities and
the natural environment of the coastal zone will be affected by
the anticipated sea level rise. It will also affect national and food
security of the country. The Sundarbans, the most important
ecosystem of the country, will be totally lost with one
metre rise in sea level.82

86. Sea level rise of 1.5 meters (4.9 feet), will inundate about 16 percent of the land area in
Bangladesh. That land is occupied by about 15 percent of its population. This equals
22,000 km2 (8,500 mi2) submerged and 17 million people displaced. 83

87. Bangladesh also faces inland river flooding due to climate change. Increased glacial
melt, extreme rainfall, and more powerful cyclones, in combination with rising sea-
level, contribute to flooding.

88. Under a business-as-usual/high emissions, by 2030, “4.2 million additional people may
be at risk of river floods annually due to climate change and 2.2 million due to
socio-economic change above the estimated 3.5 million annually affected population in
2010. In addition to deaths from drowning, flooding causes extensive indirect health
effects, including impacts on food production, water provision, ecosystem disruption,

80
World Health Organization, Climate and Health Country Profile – 2015
Bangladesh (2015).
81
United States National Oceanic and Atmospheric Administration, Global and Regional
Sea Level Rise Scenarios for the United States, NOAA Technical Report NOS CO-OPS 083
(January 2017).
82
Golam Mahabub Sarwar, Impacts of Sea Level Rise on the Coastal Zone of Bangladesh,
Lund University Masters Thesis (2005).
83
Philippe Rekacewicz, Impact of sea level rise in Bangladesh, GRID-Arendal (2009).

-23-
infectious disease outbreak and vector distribution. Longer term effects of flooding may
include post-traumatic stress and population displacement.”84

89. In Bangladesh, “[c]limate change is expected to increase mean annual temperature and
the intensity and frequency of heat waves resulting in a greater number of people at
risk of heat-related medical conditions. The elderly, children, the chronically ill, the
socially isolated and at risk occupational groups are particularly vulnerable to
heat-related conditions.”85

90. Under a business-as-usual emissions, “mean annual temperature in [Bangladesh] is
projected to rise by about 4.8°C on average from 1990 to 2100.” Under these
conditions, “heat-related deaths in the elderly (65+ years) are projected to increase to
almost 30 deaths per 100,000 by 2080 compared to the estimated baseline of under 4
deaths per 100,000 annually between 1961 and 1990.”86

91. As people in Bangladesh are driven from their lands by floods and the rising sea and as
they are exposed to extreme heat, they will experience drastic increases in death,
disease, poverty and other suffering due to the perpetrators’ course of conduct.

III. LEGAL SUBMISSIONS

The Perpetrators Violated Article 7, sec. 1(b) of the Rome Statute
by Committing the Crime Against Humanity of Extermination and Related Crimes

92. Individuals are criminally responsible under The Rome Statute if they commit
extermination and related crimes within the jurisdiction of the ICC. Article 7(1)(b) of
the Rome Statute prohibits “extermination,” which is defined to include “the
intentional infliction of conditions of life, inter alia the deprivation of access to food and
medicine, calculated to bring about the destruction of a part of a population.”87

84
World Health Organization, Climate and Health Country Profile – 2015
Bangladesh , p. 3 (2015).
85
Ibid, p. 3.
86
Ibid.
87
The United Nations Diplomatic Conference of Plenipotentiaries, Rome Statute of the
International Criminal Court, art. 7(1)(b), 7(2)(b) (1998). (“Rome Statute”)

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93. The ICC has established the following elements for the crime of extermination:

1. The perpetrator killed one or more persons, including by
inflicting conditions of life calculated to bring about the
destruction of part of a population.

2. The conduct constituted, or took place as part of, a mass killing
of members of a civilian population.

3. The conduct was committed as part of a widespread or
systematic attack directed against a civilian population.

4. The perpetrator knew that the conduct was part of or intended
the conduct to be part of a widespread or systematic attack
directed against a civilian population.88

94. Article 25 of the Rome Statute establishes that adults are criminally responsible for
crimes within the jurisdiction of the ICC in most instances if they 1) commit the crime 2)
aid, abet, assist or participate in committing the crime, 3) order, solicit or induce the
crime, 4) act jointly with others or contribute to a conspiracy to commit the crime, or, 5)
attempt to commit the crime.89

95. Evidence establishes the first element of extermination - that the perpetrators have
inflicted “conditions of life calculated to bring about the destruction of part of a
population.” By systematically pursuing policies that are causing massive, unmitigated
and unnecessary fossil fuel emissions, the perpetrators are acting in a calculated
manner to cause more severe climate change, a condition that will inevitably destroy
part of the Earth’s population. As previously indicated, the climate change kill rate will
reach about 1 person per minute and 540 thousand people per year by 2030. As the
century proceeds, the death rate from climate change is expected to accelerate as
temperatures and sea levels rise. Even if the kill rate stays constant at 540 thousand
people per year, climate change will kill more than 37 million people from 2030 to
2100. People are being killed and will be killed by disease. People are being killed and
will be killed from hunger and malnutrition. People are being killed and will be killed by
heat waves. People are being killed and will be killed by flooding, storm surges and
extreme weather.

88
International Criminal Court, Elements of Crimes, p. 6 (2011) (“ICC Elements”).
89
Rome Statute, Article 25, p. 17-18.

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96. Evidence establishes the second element of extermination - that the perpetrators’
“conduct constituted, or took place as part of, a mass killing of members of a civilian
population.” The perpetrators unnecessary contribution of .3 to .6 years of additional
global greenhouse gas emissions is taking place as part of current and future climate
change that is killing and will kill millions of people. Whatever the numerical threshold
for a mass killing, the more than 37 million people who will be killed by climate change
between now and 2100 undoubtedly amounts to a mass killing. The mass killing
occurring as a result of climate change predominantly effects the civilian population.
The 400,000 annual deaths presently caused by climate change are resulting mainly
from “hunger and communicable diseases that affect above all children in developing
countries.”90 Non-civilian populations, who are employed by governments, rarely
experience hunger. Many of the 250,000 annual deaths, from malaria, diarrhea, heat
stress and under-nutrition between 2030 and 2050 caused by climate change, will kill
children.91 More than half of the death toll from diarrheal disease occurs in children
and more than 99% of these cases occur in developing countries.92 By participating in
environmental destruction that is killing and will kill millions of children and other
civilians, the perpetrators violated the second element of the crime of extermination.

97. Evidence establishes the third element of extermination - that the perpetrators’
“conduct was committed as part of a widespread or systematic attack directed against a
civilian population.” The term “widespread” has been defined, with reference to the
International Law Commission’s commentary to its 1996 Draft Code of Crimes, as a
“massive, frequent, large scale action, carried out collectively with considerable
seriousness and directed against a multiplicity of victims.”93 The term “systematic” has
been defined as “thoroughly organized and following a regular pattern on the basis on a
common policy involving substantial public or private resources.” 94 The Rome Statute
defines an “attack directed against any civilian population” as “a course of conduct
involving the multiple commission of [the enumerated acts] against any civilian

90
Climate vulnerability monitor: a guide to the cold calculus of a hot planet, supra at 17.
91
WHO Statement, WHO calls on countries to protect health from climate change.
(November 17, 2015).
92
Climate vulnerability monitor: a guide to the cold calculus of a hot planet, supra at
157-158.
93
Simon Chesterman, An Altogether Different Order: Defining the Elements of Crimes
Against Humanity, 10 Duke J. Comp.& International Law, n. 89 at 315 (2000).
94
Ibid, n. 89 at 315.

-26-
population.”95 The perpetrators’ actions were widespread in that they involved
numerous programs of the US government and will impact every person on Earth
together with all of the plants and animals upon which we depend. The perpetrators’
actions were also systematic because they were achieved with great organization while
using the vast resources of the U.S. government, the Environmental Protection Agency
and the perpetrators’ official powers. Finally, the perpetrators’ engaged in an “attack
directed at a civilian population” by following a course of conduct involving multiple
acts that are leading to the harmful and widespread dispersal of fossil fuel emissions
that is contributing to cause climate change and the mass killing of civilian populations.

98. Evidence establishes the forth and final element of extermination - that the
perpetrators “knew that the conduct was part of or intended the conduct to be part of
a widespread or systematic attack directed against a civilian population.” Article 30 of
the Rome Statute provides that “knowledge” means “awareness that a circumstance
exists or a consequence will occur in the ordinary course of events.”96 In a public
statement in the Rose Garden of the White House on June 1, 2017 announcing the US
would halt implementing the Paris Accord, Trump acknowledged that implementing the
agreement would slow the increase in global temperatures by two-tenths of one degree
Celsius by 2100.97 Trump’s statement establishes that he has knowledge of the harmful
effects of greenhouse gas emissions and climate change. In the June 1, 2017
statement, Trump indicated that he was abandoning the agreement because it would
limit the United States’ development of coal and other energy resources. Trump
claimed:

The Paris Accord would undermine our economy, hamstring our
workers, weaken our sovereignty, impose unacceptable legal
risks, and put us at a permanent disadvantage to the other
countries of the world. It is time to exit the Paris Accord and time
to pursue a new deal that protects the environment, our
companies, our citizens, and our country. It is time to put
Youngstown, Ohio, Detroit, Michigan, and Pittsburgh,
Pennsylvania — along with many, many other locations within
our great country — before Paris, France. It is time to make
America great again.

95
Rome Statute, art. 7(2)(a).
96
Rome Statute, art. 30.
97
Donald Trump, Statement on the Paris Climate Agreement, White House (June 1,
2017).

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On June 2, 2017, Pruitt stated: “[E]ven if all of the targets [in the Paris Climate
Agreement] were met by all nations across the globe, it only reduced the temperature
by less than two-tenths of one degree.... I don’t know if you guys caught my
confirmation process or not, but… I indicated that in fact, global warming is occurring;
that human activity contributes to it in some manner.”98 The perpetrators’ statements
confirm that they are aware that fossil fuel emissions cause climate change and global
warming in the ordinary course of events, but that they intend to permit unnecessary
fossil fuel emissions for ideological reasons. The perpetrators knowingly intend to
promote greenhouse gas emissions and to cause harmful climate change and are doing
so because of their depraved indifference to the mass killing that it is now causing and
will cause in the future.

99. While the perpetrators are currently contributing to greenhouse emissions on a massive
scale, many of the deaths related to their conduct will occur decades and centuries into
the future. The perpetrators’ activities in planning, agreeing and conspiring to engage
in systematic attacks causing these deaths fall within the prohibition on attempting to
commit crimes against humanity and contributing to commit crimes against humanity
set forth in Article 25(3)(a)-(d) and 25(3)(f) of the Rome Statute.

The Perpetrators Violated Article 7, sec. 1(d) of the Rome Statute
by Committing The Crime Against Humanity of Deportation or
Forcible Transfer of Population and Related Crimes

100. Article 7(1)(d) of the Rome Statute prohibits “deportation or forcible transfer of
population,” which is defined to include “forced displacement of the persons concerned
by expulsion or other coercive acts from the area in which they are lawfully present,
without grounds permitted under international law.”99

101. The ICC has established the following elements for the crime of deportation or forcible
transfer of population:

1. The perpetrator deported or forcibly transferred, without grounds permitted
under international law, one or more persons to another State or location, by
expulsion or other coercive acts;

2. Such person or persons were lawfully present in the area from which they were
so deported or transferred.

98
White House, Daily Press Briefing by Press Secretary Sean Spicer and EPA
Administrator Scott Pruitt (June 2, 2017).
99
Rome Statute, art. 7(2)(d).

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3. The perpetrator was aware of the factual circumstances that established the
lawfulness of such presence.

4. The conduct was committed as part of a widespread or systematic attack
directed against a civilian population.

5. The perpetrator knew that the conduct was part of or intended the conduct to
be part of a widespread or systematic attack directed against a civilian
population.100

102. ICC Elements clarifies that “[t]he term ‘forcibly’ is not restricted to physical force, but
may include threat of force or coercion, such as that caused by fear of violence, duress,
detention, psychological oppression or abuse of power against such person or persons
or another person, or by taking advantage of a coercive environment. ‘Deported or
forcibly transferred’ is interchangeable with ‘forcibly displaced.’”[emphasis supplied].101

103. By systematically releasing fossil fuel emissions that are contributing to cause further
global warming, sea level rise, increased drought and desertification, the perpetrators
are contributing to create coercive environmental conditions that will forcibly displace
populations on an unprecedented scale.

104. Significant percentages of the populations, and millions of innocent civilians, in
countries including Bangladesh, Suriname, Guyana, French Guiana and The Bahamas are
being displaced by rising sea levels and climate change.

105. The forcible displacement of hundreds of millions of innocent civilians by sea level rise
resulting from climate change that is underway at the present time, and will only get
worse during the course of this century, is a widespread attack made in part by the
perpetrators and on much of the Earth’s civilian population.

106. The perpetrators’ course of conduct is causing and will cause business-as-usual
greenhouse gas emissions leading to climate change in which “water scarcity in some
arid and semi-arid places will displace between 24 million and 700 million people” by
2030.102 As temperatures continue to increase throughout the century due to the
perpetrators’ course of conduct, many more millions of people will be displaced by
water scarcity, drought and related food shortages.

100
International Criminal Court, Elements of Crimes, p. 6-7.
101
International Criminal Court, Elements of Crimes, p. 6.
102
United Nations Convention to Combat Desertification, Water scarcity and
desertification, UNCCD thematic fact sheet series No. 2, p. 1 (2009).

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107. As previously discussed in reference to the crime against humanity of extermination,
the perpetrators were aware and had knowledge that their course of conduct was part
of a systematic attack on a civilian population.

108. The perpetrators’ activities in planning, agreeing and conspiring to engage in systematic
attacks causing the forcible displacement of millions of civilians fall within the
prohibition on attempting to commit crimes against humanity and contributing to
commit crimes against humanity set forth in Article 25 of the Rome Statute.

The Perpetrators Violated Article 7, sec. 1(k) of the Rome Statute
by Committing Crimes Against Humanity Involving Other Inhumane Acts
Causing Great Suffering and Serious Injury

109. Article 7(1)(k) of the Rome Statute prohibits “Other inhumane acts of a similar character
intentionally causing great suffering, or serious injury to body or to mental or physical
health.”103

110. The ICC has established the following elements for the crime against humanity of other
inhumane acts:

1. The perpetrator inflicted great suffering, or serious injury to body or to mental
or physical health, by means of an inhumane act.

2. Such act was of a character similar to any other act referred to in article 7,
paragraph 1, of the Statute.

3. The perpetrator was aware of the factual circumstances that established the
character of the act.

4. The conduct was committed as part of a widespread or systematic attack
directed against a civilian population.

5. The perpetrator knew that the conduct was part of or intended the conduct to
be part of a widespread or systematic attack directed against a civilian
population.104

103
Rome Statute, art. 7(2)(d).
104
International Criminal Court, Elements of Crimes, pp. 12-13.

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111. The perpetrators’ course of conduct will “increase the frequency and intensity of
drought at regional and global scale” from now through the end of this century.105

112. The perpetrators’ course of conduct is causing and will cause a “decrease the
production of staple foods in many of the poorest regions. This will increase the
prevalence of malnutrition and undernutrition.”106

113. The perpetrators’ course of conduct is causing and will cause lengthening of “the
transmission seasons of important vector-borne diseases and to alter their geographic
range...Malaria is strongly influenced by climate. Transmitted by Anopheles
mosquitoes, malaria kills over 400,000 people every year – mainly African children
under 5 years old. The Aedes mosquito vector of dengue is also highly sensitive to
climate conditions, and studies suggest that climate change is likely to continue to
increase exposure to dengue.”107

114. “Children – in particular, children living in poor countries – are among the most
vulnerable to the resulting health risks and will be exposed longer to the health
consequences.”108

115. The perpetrators’ course of conduct is causing and will cause business-as-usual
greenhouse gas emissions leading to climate change in which “almost half the world’s
population will be living in areas of high water stress by 2030, including between 75
million and 250 million people in Africa.”109

116. “A lack of water and poor water quality increases the risk of diarrhoea, which kills
approximately 2.2 million people every year, as well as trachoma, an eye infection that
can lead to blindness, and many other illnesses.”110

105
World Health Organization, Climate change and health (July 2017).
106
Ibid.
107
Ibid.
108
Ibid.
109
United Nations Convention to Combat Desertification, Water scarcity and
desertification, supra, note 96, p. 1 (2008).
110
World Health Organization, 10 facts on climate change and health (October 2012).

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117. “Malnutrition causes millions of deaths each year, from both a lack of sufficient
nutrients to sustain life and a resulting vulnerability to infectious diseases such as
malaria, diarrhoea, and respiratory illnesses. Increasing temperatures on the planet and
more variable rainfalls are expected to reduce crop yields in many tropical developing
regions, where food security is already a problem.”

118. Most children who suffer from malnutrition do not die from it. The effects of poor
nutrition begin in the womb, continue well into adulthood, and cycle across
generations. The period from conception through the second birthday, is the crucial
1,000 days when nutrition is most important. It is a critical period for cognitive
development. When chronic malnutrition occurs during this time frame, the damage is
largely irreversible.111

119. Malnutrition gives many of these children a life sentence of cognitive impairments and
learning disabilities that trap generations of children in a cycle of poverty.112 113

120. The perpetrators’ course of action, in contributing to cause to mass extinction of plants
and animals, is inhumane because it deprives present and future generations of the
beauty and benefits of the diverse species upon which we depend to survive and that
are of irreplaceable importance to our cultures.114 115 The perpetrators’ actions are
particularly cruel and inhumane because they interfere with the food supply of
countless numbers of people who depend on plants, animals and fish for their
subsistence – leading to hunger and starvation.

121. The extreme misery and suffering imposed upon hundreds of millions of people
throughout the globe by the perpetrators’s course of conduct is “of a character similar
to” the crime against humanity involving forcible displacement of a part of a
population. The crime against humanity involving forcible displacement punishes
moving people from their communities because of the cruel conditions that result from
doing so. Trapping people within their homes in conditions that are as cruel or worse

111
World Food Program, The right food at the right time: WFP and Nutrition in Asia,
(November 2012).
112
UNICEF/WHO/ World Bank Group, Levels and Trends In Child Malnutrition, Joint
Child Malnutrition Estimate, p. 2, (2016).
113
UNICEF, Nutrition’s lifelong impact (January 12, 2016).
114
Ehrlich, Paul, et. al., Accelerated modern human–induced species losses: Entering the
sixth mass extinction, Science Advances, Vol. 1, no. 5 (2015).
115
Mass Extinction Underway,retrieved February 4, 2018 (compilation of numerous
sources related to mass extinction).

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than are conditions for the displaced is equally or more inhumane. Due to the
perpetrators’ course of conduct, people are being trapped in conditions of misery
without any means of escape due to the geographic scale of climate change, due to
poverty and lack of resources, and for other reasons.

122. The perpetrators acts and omissions are “global climate crimes” that harm billions of
people in every corner of the world. Their actions are so extraordinarily inhumane that
they necessarily are crimes against humanity under Article 7, sec. 1(k) of the Rome
Statute.

The Court Has Territorial Jurisdiction over the Perpetrators’ Crimes Against Humanity

123. Although the United States is not a State Party to the Rome Statute, the Court has
jurisdiction over the perpetrators under Article 12 (2) (a) of the Statute because their
attacks occurred in the territories of State Parties and the effects of the attacks
occurred in territories of State Parties. 116 In The Situation in the Islamic Republic of
Afghanistan, the ICC held:

In particular, article 12(2)(a) provides that the Court may exercise
its jurisdiction over crimes referred to in article 5 if the “State on
the territory of which the conduct in question occurred” is a Party
to the Statute or has accepted the Court’s jurisdiction by a
declaration lodged under article 12(3). Thus, since the alleged
crimes identified in this Request have been committed on the
territory of a State Party to the Rome Statute, the Court has
territorial jurisdiction over these alleged crimes, regardless of
whether the alleged suspects are nationals of a State Party.

As previously set forth, the perpetrators crimes have had severe impacts in Bangladesh,
a State Party, including sea-level rise, flooding, forcible displacement, extermination,
disease and death. The perpetrators crimes have had and will have severe impacts in
Europe, where almost every nation is a State Party, including causing millions of heat-
related deaths between now and 2100. The perpetrators crimes have had and will
have severe impacts in Suriname, Guyana, French Guiana, each of which is a State
Party, including causing massive inundation of land by rising sea level and forcible
displacement of millions of people. The perpetrators crimes are causing and will cause
cities to be inundated and people to be forcibly displaced in Ecuador, Ivory Coast and
Japan, all of which are State Parties to the Rome Statute. While the perpetrators
attacks were launched from the United States, they occurred in other nations, including
in the territory of every State Party to the Rome Statute.

116
Pre-Trial Chamber III, Situation in the Islamic Republic of Afghanistan, No.: ICC-02/17
(November 20, 2017).

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The Court Has Jurisdiction over the Perpetrators’
Crimes Against Humanity Based on Universality

124. The global and universal nature of the crimes against humanity committed by the
perpetrators provide the Court with universal jurisdiction that is concurrent with its
territorial jurisdiction. On December 11, 1946, the United Nations General Assembly
unanimously affirmed the "principles of international law recognized by the Charter of
the Nuremberg Tribunal and the Judgment of the Tribunal.....codifying the
jurisdictional right of all [s]tates to prosecute the offenses addressed by the IMT
[Nuremberg Tribunal]."117 The General Assembly has subsequently confirmed that no
statute of limitations or amnesty may be applied to bar prosecution of such crimes
and that all states have a duty to cooperate in their prosecution.118

The Perpetrators’ Crimes Against Humanity Are So Grave
That the Court Is Obligated to Investigate and Prosecute the Situation.

125. As a consequence of the perpetrators’ crimes: 1) hundreds of millions of people are
being or will be exterminated, 2) hundreds of millions of children and other civilians are
suffering or will suffer hunger, disease and forcible displacement, and, 3) humanity is
threatened by social, economic and ecological collapse. The perpetrators’ crimes
against humanity are of planetary scale and nearly inconceivable gravity.

The Prosecution of the Perpetrators by the Court for Their
Crimes Against Humanity Is Admissible Based on the Principle of Complimentary.

126. There are no United States laws under which the perpetrators can be prosecuted for
crimes against humanity occurring on the territories of State Parties.
127. There are no steps being taken in the United States to prosecute the perpetrators.

128. Even if there were United States laws allowing for extraterritorial prosecution of crimes
against humanity, Trump is immune from prosecution under the Constitution of the
United States, and under the separation of powers doctrine, so long as he remains in
office as President. If he is re-elected, he may remain in office, with impunity under
U.S. law, until January of 2025.

117
Michael P. Scharf, The ICC's Jurisdiction Over the Nationals of Non-Party States: A
Critique of the U.S. Position, p. 83, n. 8 (2001) citing G.A. Res. 95, U.N. Doc. A/64/Add.1, at 188
(1946).
118
Ibid at p. 83, n. 91.

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129. Other officials in the executive branch of the United States, who are subject to Trump’s
control, have not taken any steps toward prosecuting either of the perpetrators.

130. At the present time, there are no national investigative or prosecutorial authorities
willing and able or likely to investigate or prosecute the conduct forming the
subject-matter of the present complaint.

The Interests of Justice Strongly Favor the Investigation
and Prosecution of the Perpetrators’ Crimes Against Humanity.

131. The perpetrators’ concerted actions, attempts and conspiracy to commit crimes against
humanity are ongoing. By investigating this situation and aggressively prosecuting the
perpetrators, the Court will help to mitigate and prevent global catastrophes resulting
from fossil fuel emissions and climate change.

132. By investigating this situation and aggressively prosecuting the perpetrators, the Court
will further a fundamental aim of the Rome Statute – to put an end to the impunity of
national leaders for the most serious international crimes.

133. By investigating this situation and aggressively prosecuting the perpetrators, the Court
will guarantee lasting respect for the Court and for international justice.

IV. CONCLUSION

134. In deciding whether to investigate and prosecute Trump and Pruitt, the moral and legal
questions are clear. If the International Criminal Court does not investigate and
prosecute perpetrators of global environmental destruction, who will? If systematically
creating environmental conditions that cause death, disease, thirst and starvation for
hundreds of millions of people is not a crime against humanity, what is? Are not the
laws that forbid crimes against humanity perfectly suited to prosecute depraved
officials who use their powers to create an ecological holocaust that will continue for
centuries? Will a lesson of Nuremberg, that individuals will be held accountable for
their crimes against humanity regardless of their power or position, be forgotten? How
can the law possibly be indifferent to the greatest crime against humanity in the history
of civilization? Will the Court have the wisdom and courage to investigate and
prosecute these crimes against humanity of nearly incomprehensible magnitude?

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Respectfully submitted,

________________________________
J. Whitfield Larrabee, Attorney at Law,
individually and on behalf of the
Resistance Committee Action Fund
251 Harvard Street, Suite 9
Brookline, MA 02446, U.S.A.
Tel: 00.1.617.857.9894
Twitter: @jwlarrabee
Email: info@theresistancecommittee.org
Web: www.theresistancecommittee.org

DATED: February 19, 2018

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