Amicus curiae is a Latin expression that literally translates as " friend of the court." It is also a legal figure that takes the form of a legal brief and can be a valuable tool for the better resolution of cases of public interest, such as environmental or climate litigation. How? We explain below.
The Royal Spanish Academy (RAE) defines amicus curiae as a “natural or legal person who, without being a party or third party in a lawsuit, voluntarily intervenes before a court to collaborate with it by providing objective information.” The concept originates from Anglo-Saxon law and is recognized by several international human rights monitoring bodies.
Amicus curiae briefs allow any individual, group, or organization to communicate directly with those who administer justice through legal briefs. While not expert reports, amicus briefs can provide a wide range of specific and valuable legal and technical-scientific information. For this reason, they are widely recognized in international and national law, and are becoming increasingly important as strategic instruments in support of human rights.
Its content and purpose are broad. An amicus brief can be used to provide technical, legal, and/or scientific data and premises with the intention of offering new arguments or reinforcing existing ones for the resolution of a matter, offering a legal opinion or suggestion, providing information about a case, or warning about the potential effects of a decision. The possibilities are not limited. Often, those administering justice obtain information from these briefs that they would not have been able to access otherwise, allowing them to broaden their perspectives on the issues and arguments debated in the proceedings.
For all the reasons mentioned above, amicus curiae help to improve the level of transparency and participation in judicial processes, raise the level of discussions and open up the debate on the subject matter in dispute, especially in those cases where the public interest is involved or there is a social significance that goes beyond the particularities of the specific case .
The formalities for submitting amicus curiae briefs depend specifically on the legal system of the country or international body where the case is being heard. However, it's important to remember that, in most cases, amicus curiae briefs are not binding or mandatory. The courts themselves decide whether and how to consider them. It's also worth noting that anyone submitting such a brief is not a party to the proceedings and does not enjoy the procedural rights associated with parties, and their submission does not incur any legal costs or fees.
Amicus curiae in the international arena
Amicus curiae briefs are widely recognized and used in international courts, especially those responsible for the protection of human rights, such as the Inter-American Court of Human Rights (IACHR), the International Criminal Court, the European Court of Human Rights, or the Dispute Settlement Body of the World Trade Organization.
In the Inter-American Human Rights System, matters relating to amicus briefs are regulated in Articles 2, 44 and 73 of the Rules of Procedure of the Inter-American Court of Human Rights, which detail the form of presentation and the cases in which it is appropriate.
Precisely in relation to the recent request for advisory opinion OC-32 on climate emergency and human rights, presented by the States of Chile and Colombia, the IACHR received the largest number of amicus curiae in its history with more than 250 written observations .
What is the contribution of amicus curiae to climate litigation?
Climate litigation is often complex, requiring highly specific technical and scientific data to understand and demonstrate the social and environmental impacts caused by activities or omissions that result from, or could cause, the increase in global temperature. Therefore, the role of amicus curiae briefs in climate litigation is increasingly important. Through them, valuable information can be presented in a more direct, easy, and affordable way, even reducing costs and workload for the parties involved in the litigation.
Thus, these documents can become very useful tools for explaining complex scenarios to those who administer justice (who may not have such specialized knowledge of climate issues) in a simple and concise way, facilitating a comprehensive understanding of the causes and effects of socio-environmental conflicts. At the same time, they are a powerful means for the voices of different peoples, communities, and vulnerable groups to be heard and valued in diverse ways. Therein lies the importance and significance of this legal instrument.
As mentioned, a clear example of the impact amicus curiae briefs can have on achieving climate justice is the ongoing process of Advisory Opinion OC-32 being conducted by the Inter-American Court of Human Rights. The sheer number of amicus briefs submitted in this process represents an enormous contribution to climate justice in the Americas. This is due to the significant participation of diverse actors (Indigenous peoples and communities, youth and women's movements, civil society organizations, academic institutions, etc.) who have come together to represent different perspectives and provide specialized information regarding the impacts of the climate crisis and the obligations of the States of the Americas to protect people in this context of global emergency.
At the Climate Litigation Platform for Latin America and the Caribbean, we have dedicated a section to the amicus curiae briefs that different actors from the region presented to the Inter-American Court of Human Rights within the framework of Advisory Opinion OC-32. In this section, you can consult a summary of some of these briefs, valuable contributions that emphasize the socio-environmental impacts of the climate emergency on indigenous peoples, women, children, populations with diverse gender orientations and identities, and fragile ecosystems such as coral reefs.
Text written by Gisselle García Maning - lawyer for the Climate Program of the Inter-American Association for Environmental Defense (AIDA)
Amicus curiae is a Latin expression that literally translates as " friend of the court." It is also a legal figure that takes the form of a legal brief and can be a valuable tool for the better resolution of cases of public interest, such as environmental or climate litigation. How? We explain below.
The Royal Spanish Academy (RAE) defines amicus curiae as a “natural or legal person who, without being a party or third party in a lawsuit, voluntarily intervenes before a court to collaborate with it by providing objective information.” The concept originates from Anglo-Saxon law and is recognized by several international human rights monitoring bodies.
Amicus curiae briefs allow any individual, group, or organization to communicate directly with those who administer justice through legal briefs. While not expert reports, amicus briefs can provide a wide range of specific and valuable legal and technical-scientific information. For this reason, they are widely recognized in international and national law, and are becoming increasingly important as strategic instruments in support of human rights.
Its content and purpose are broad. An amicus brief can be used to provide technical, legal, and/or scientific data and premises with the intention of offering new arguments or reinforcing existing ones for the resolution of a matter, offering a legal opinion or suggestion, providing information about a case, or warning about the potential effects of a decision. The possibilities are not limited. Often, those administering justice obtain information from these briefs that they would not have been able to access otherwise, allowing them to broaden their perspectives on the issues and arguments debated in the proceedings.
For all the reasons mentioned above, amicus curiae help to improve the level of transparency and participation in judicial processes, raise the level of discussions and open up the debate on the subject matter in dispute, especially in those cases where the public interest is involved or there is a social significance that goes beyond the particularities of the specific case .
The formalities for submitting amicus curiae briefs depend specifically on the legal system of the country or international body where the case is being heard. However, it's important to remember that, in most cases, amicus curiae briefs are not binding or mandatory. The courts themselves decide whether and how to consider them. It's also worth noting that anyone submitting such a brief is not a party to the proceedings and does not enjoy the procedural rights associated with parties, and their submission does not incur any legal costs or fees.
Amicus curiae in the international arena
Amicus curiae briefs are widely recognized and used in international courts, especially those responsible for the protection of human rights, such as the Inter-American Court of Human Rights (IACHR), the International Criminal Court, the European Court of Human Rights, or the Dispute Settlement Body of the World Trade Organization.
In the Inter-American Human Rights System, matters relating to amicus briefs are regulated in Articles 2, 44 and 73 of the Rules of Procedure of the Inter-American Court of Human Rights, which detail the form of presentation and the cases in which it is appropriate.
Precisely in relation to the recent request for advisory opinion OC-32 on climate emergency and human rights, presented by the States of Chile and Colombia, the IACHR received the largest number of amicus curiae in its history with more than 250 written observations .
What is the contribution of amicus curiae to climate litigation?
Climate litigation is often complex, requiring highly specific technical and scientific data to understand and demonstrate the social and environmental impacts caused by activities or omissions that result from, or could cause, the increase in global temperature. Therefore, the role of amicus curiae briefs in climate litigation is increasingly important. Through them, valuable information can be presented in a more direct, easy, and affordable way, even reducing costs and workload for the parties involved in the litigation.
Thus, these documents can become very useful tools for explaining complex scenarios to those who administer justice (who may not have such specialized knowledge of climate issues) in a simple and concise way, facilitating a comprehensive understanding of the causes and effects of socio-environmental conflicts. At the same time, they are a powerful means for the voices of different peoples, communities, and vulnerable groups to be heard and valued in diverse ways. Therein lies the importance and significance of this legal instrument.
As mentioned, a clear example of the impact amicus curiae briefs can have on achieving climate justice is the ongoing process of Advisory Opinion OC-32 being conducted by the Inter-American Court of Human Rights. The sheer number of amicus briefs submitted in this process represents an enormous contribution to climate justice in the Americas. This is due to the significant participation of diverse actors (Indigenous peoples and communities, youth and women's movements, civil society organizations, academic institutions, etc.) who have come together to represent different perspectives and provide specialized information regarding the impacts of the climate crisis and the obligations of the States of the Americas to protect people in this context of global emergency.
At the Climate Litigation Platform for Latin America and the Caribbean, we have dedicated a section to the amicus curiae briefs that different actors from the region presented to the Inter-American Court of Human Rights within the framework of Advisory Opinion OC-32. In this section, you can consult a summary of some of these briefs, valuable contributions that emphasize the socio-environmental impacts of the climate emergency on indigenous peoples, women, children, populations with diverse gender orientations and identities, and fragile ecosystems such as coral reefs.
Text written by Gisselle García Maning - lawyer for the Climate Program of the Inter-American Association for Environmental Defense (AIDA)