‘We feel that warm breath in our necks’: experiences and impacts of criminalisation of environmental activism in Belgium

Abstract

This article explores the multifaceted experiences and impacts of criminalisation on activists, focusing on the case of the Greenpeace activists arrested and trialled for occupying a gas terminal at the port of Zeebrugge, Belgium. Frustrated by their exclusion from political decision making and the ineffectiveness of traditional protest methods, environmental movements and groups like Greenpeace are increasingly turning to more contentious forms of protest, including non-violent civil disobedience. Our research highlights the significant relevance of studying civil disobedience within the broader context of the politics of crime. It reveals critical insights into how acts of civil disobedience are criminalised and the subsequent consequences for those involved. Through interviews with the activists, Greenpeace representatives, supporters, experts, and defence lawyers, as well as by attending the hearing, analysing media reporting, the judicial decision, and legislative developments, the article demonstrates that the criminalisation process was perceived as a form of intimidation, believed to have a ‘chilling effect’ on future civil disobedience in environmental activism. The criminalisation case reveals, therefore, significant impacts on the activists involved, their organisation, and the broader activist community, underscoring the need for continued scrutiny of legal measures that may threaten the right to protest.