Strategic litigation: what and why?

Strategic litigation is more than a legal tool—it’s a pathway to systemic change and a critical tactic to combat corporate misconduct and impunity. It leverages the law to seek justice for affected communities, address environmental damage, and set powerful precedents.  

The impact of strategic litigation extends far beyond courtrooms or successful rulings in specific cases. It is about reshaping how businesses operate, driving policy changes, and fostering a societal shift that prioritises human rights and environmental sustainability. 

At SOMO, strategic litigation is not a standalone effort, but deeply integrated into a comprehensive strategy focused on transforming the economic system. Building on our decades of work supporting communities harmed by corporate misconduct, we use action-oriented research and work in civil society alliances to bring strategic court cases that challenge the unchecked and seemingly unlimited power of multinationals and advance social justice.

Our strategic litigation efforts focus on:

• Corporate and state liability in military occupations
• Exploitation in garment supply chains
• The unjust energy transition

Using litigation to confront systemic injustice

Our strategic litigation efforts demonstrate the transformative power of legal action in holding companies and states accountable for human rights abuses related to corporate activities.

In a collective effort to counter corporate impunity in the Occupied Palestinian Territory, SOMO, in collaboration with Al-Haq, the European Legal Support Centre, and the Rights Forum, filed a criminal complaint against Booking.com, exposing how global businesses profit from illegal activities in occupied territories. In October 2024, in a coalition of 10 civil society organisations, SOMO co-filed a civil lawsuit against the Dutch State, spotlighting the State’s failure to take measures to prevent genocide in Gaza and demanding an end to all Dutch economic ties to the unlawful Israeli settlements and occupation.

Together with PAX and communities affected by coal mining in Colombia, SOMO filed a case about “blood coal”, exposing glaring failures in corporate due diligence and accountability. We supported these communities through legal guidance and advocacy, leveraging strategic litigation to push for systemic change in the mining industry, particularly in the content of a just energy transition.

Communities at the centre

In the coming years, we will continue addressing corporate and state liability in military occupations, exploitation in garment supply chains, and the unjust energy transition. By challenging policies and businesses that harm ecosystems and communities, we advocate for laws prioritising human rights and environmental sustainability over profit and access to remedy.

We centre affected communities in every litigation strategy and collaborate with partners across regions to challenge corporate power and create a global shift toward greater accountability, equitable justice, and systemic change.