TRANSITIONAL JUSTICE IN CLIMATE CHANGE

A MATTER NEEDED TO BE ADDRESSED

Resumo

As addressed by the previous UN General Secretary Ban Ki-moon, climate change knows no national borders, affecting disproportionately vulnerable communities around the world; those who contribute the least to climate change, are the ones suffering the most from it. The intensification of climate change is already causing more severe desertification and harsher heatwaves, causing food insecurity, elevation of sea levels and rise of ocean’s temperature, culminating in forced displacements across the world, affecting Indigenous populations, coastal communities, and nations in developing countries. The term “Transitional Climate Justice” is still very new and not quite acknowledged, although growing awareness of the climate crisis and its disproportionate impacts on vulnerable communities suggests it will soon become a central framework in discussions on environmental and human rights reparation, both academic and policy circles – like discussions regarding the recognition of ecocide by the Statute of Rome. The objective is to explore the possibilities of applying transitional justice mechanisms - truth, memory, justice and reparation - traditionally used in post-conflict/authoritarian contexts, to cases of environmental injustice and human induced climate displacement, reflecting on how environmental degradation, when compounded by human action - historical inequalities, colonial legacies, or state negligence - can result in collective trauma, loss of identity, and cultural erasure. Through a critical and interdisciplinary approach, the study seeks to answer: is it possible to speak of climate transitional justice? To what extent can international legal tools be adapted to address these profound impacts caused by the environmental crisis on vulnerable populations? On initial hypothesis, drawing on international legal instruments and examples from the Global South, it suggests that transitional justice principles can help build more just climate responses — especially for communities experiencing forced migration, ecological grief, and lack of state protection. Ultimately, the paper argues for a shift in how we understand justice in the climate crisis: not only as prevention and adaptation, but also as recognition, responsibility, and repair in cases still possible. The research adopts a qualitative, theoretical, and interdisciplinary methodology, grounded in the analysis of international legal instruments, academic literature, and reports from international organizations. The study also draws on case studies and narratives from the Global South, where the impacts of climate change are already generating demands for justice and recognition. Through a critical review, concepts as truth, accountability and reparation are examined in the light of environmental displacement and ecological degradation, and its application to the matter. Rather than proposing a definitive model, the study aims to contribute to the construction of a conceptual bridge between transitional justice and climate justice, encouraging further academic and legal reflection on this growing topic. Facing the rising climate crisis, new frameworks are needed to address the resulting social, cultural, and political harms, bringing justice to those who need to be heard but are usually left marginalized. This research aims to contribute to the development of a new field at the intersection of justice, sustainability, and human rights.