Staging Climate Justice: Tribunal Theatre, Customs, and the Politics of Ecocide

Abstract

This article examines the evolving principle of custom as a crucial force in both legal and cultural discourses, arguing that the recognition of ecocide as an international crime depends not only on legal codification but also on the gradual formation of cultural and discursive norms. Through an interdisciplinary framework drawing on law and cultural studies, we explore tribunal theatre; specifically, we discuss the theatre performance THIS IS NOT A TRIAL, which stages a fictional court case against a Dutch company for environmental harm in Indonesia. The article examines the form of tribunal theatre as a potential method for mediating questions of environmental justice, responsibility, and accountability, and their opposing legal and cultural realities, as well as its potential for creating new imaginaries that exist beyond the limits of the law. Engaging with concepts such as slow violence, eco-dramaturgy, and more-than-human testimony, the article suggests that tribunal theatre facilitates the development of a shared cultural and juridical imagination. In doing so, we argue for an understanding of the underpinning customs that may eventually shape the legal and cultural recognition of ecocide, challenging entrenched anthropocentric models and expanding the scope of responsibility, testimony, and harm. Ultimately we seek to demonstrate the transformative potential of eco-dramaturgy to challenge existing legal paradigms and inspire new forms of environmental responsibility and action.