Managing Legal Liability: Prosecutions and Amnesties

The brief examines the application of transitional justice mechanisms to climate change, arguing that while litigation and amnesties are currently used, neither is sufficient alone. It suggests that legal pressure can force recognition of injustices, while amnesties may secure the cooperation of powerful actors, but both require integration with reparations, truth-seeking, and institutional reform to maintain long-term political legitimacy.

• Litigation and prosecutions for climate harms are limited by the systemic nature of the damage and the constraints of domestic and international law, making them unlikely to be a sufficient standalone means of addressing past actions. However, legal pressure can be useful for imposing costs and risks on powerful actors to break a "hurting stalemate".
• Amnesties in the climate context can be a strategic tool to ensure the cooperation of actors with the financial, political, and technological capacity needed for global action, who might otherwise subvert justice processes. An example of this is found in the Paris Agreement, where developed countries sought protection from legal liability as a condition for including 'loss and damage'.
• Amnesties risk delegitimising the climate regime and undermining solidarity if they are perceived as allowing impunity for past responsibilities. To ensure long-term legitimacy, amnesties must be paired with substantial support for adaptation, 'loss and damage', and systemic institutional changes that benefit the most affected populations.

APA

Klinsky, S. (2016). Managing Legal Liability: Prosecutions and Amnesties. Climate Strategies. https://climatestrategies.org/wp-content/uploads/2016/12/Brief-2-Managing-Legal-Liability.pdf

Chicago

Klinsky, Sonja. Managing Legal Liability: Prosecutions and Amnesties. Climate Strategies, 2016. https://climatestrategies.org/wp-content/uploads/2016/12/Brief-2-Managing-Legal-Liability.pdf.

Wikipedia

{{cite report |last1=Klinsky |first1=Sonja |title=Managing Legal Liability: Prosecutions and Amnesties |publisher=Climate Strategies |date=November 2016 |url=https://climatestrategies.org/wp-content/uploads/2016/12/Brief-2-Managing-Legal-Liability.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{klinsky2016managing, author = {Klinsky, Sonja}, title = {{Managing Legal Liability: Prosecutions and Amnesties}}, institution = {Climate Strategies}, year = {2016}, month = nov, url = {https://climatestrategies.org/wp-content/uploads/2016/12/Brief-2-Managing-Legal-Liability.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }