Deep sea mining frontrunner fails again to get immunity against Greenpeace peaceful protest

Deep sea miners’ efforts to limit the right to protest at sea were rejected by an appeals court in the Netherlands. The Amsterdam Court of Appeal dismissed a legal appeal from Nauru Ocean Resources Inc (NORI) against Greenpeace International.

After unsuccessful attempts to lobby governments to limit protests against deep sea mining vessels at the International Seabed Authority earlier this year, NORI pursued an appeal at the Amsterdam Court of Appeal to try and secure immunity against any future Greenpeace protests at sea. NORI were seeking a 500-metre zone excluding protest around a vessel the company has been using to lay the groundwork for deep sea mining. 

In response to today’s ruling, Greenpeace International Legal Counsel Michel Uiterwaal said: 

“Today’s judgment represents an important victory for peaceful protest in times where legal cases are increasingly used by the powerful to discourage dissent and drain the time and resources of organisations like Greenpeace International that don’t take money from governments or corporations.”

On November 30, 2023, NORI, a wholly-owned subsidiary of The Metals Company (TMC), failed to get an injunction against Greenpeace International to try and halt a peaceful protest of two kayaks, small boats, and five climbers disrupting a deep sea mining exploration expedition in the at-risk region of the Pacific Ocean.[1] The Amsterdam District Court largely rejected a request by the deep sea mining company to issue an injunction, stating that it is “understandable” that Greenpeace International has resorted to peaceful direct action in the face of the “potentially very serious consequences” of the company’s plans.

In the appeal hearing on 23 October 2024, the deep sea mining company argued that the right to protest under the European Convention on Human Rights (ECHR) does not apply on the high seas. Today, the Court confirmed the right to protest on the high seas and that the ECHR applies on vessels that fly the flag of a State Party to the ECHR, but found it unnecessary to delve into the details given NORI’s lack of legal interest in the appeal. NORI failed to point to any concrete plans of its own that might be put in jeopardy by any plans of Greenpeace International.

Greenpeace International campaigner Louisa Casson said: 

“This is yet a further blow for deep sea miners in a year where the number of governments calling for a halt to the industry has topped 30, and major businesses and insurers have committed to steer clear of getting involved with deep sea mining. Public opposition to deep sea mining continues to grow worldwide, including on the high seas, and governments can respond by seizing a historic opportunity to stop this industry before it can cause harm to the oceans.”

Notes:

[1] The Metals Company threatens Greenpeace with injunction but activists continue protest and scale their ship in the Pacific