The necessity defence and anthropogenic global warming protests: The times they are a-changin’

Abstract

The Extinction Rebellion protests of 2019 and 2020 resulted in peaceful protesters being charged for a range of minor, non-violent criminal offences. The defence to those charges is necessity, a defence tightly restricted in its use by the courts. This article argues that in the specific context of minor criminal offences committed during anthropogenic global warming (AGW) protests, necessity must be reconceptualised. This is particularly so given the growing international recognition of that defence in AGW protest matters, the increasing state prohibition on protest and the unique manner in which AGW protests subvert the strict application of the rule of law.