Tra incertezze e fervore giudiziario: verso il riconoscimento in Italia dello status di rifugiato climatico

This contribution analyses a recent decision issued on 24 February 2021 by the Italian Supreme Court of Cassation (Corte Suprema di Cassazione, ordinance n. 5022/21) which recognizes the existence of a situation of environmental degradation in the country of origin as a ground to secure humanitarian refuge to a person from Niger seeking international protection. The decision offers an excellent opportunity to discuss the evolving phenomenon of climate migration, the legal uncertainties surrounding this profile and the situation of vulnerability that all this entails. The contribution explores: climatic factors interplay with individual and group decisions to undertake a migration; climatic factors as factors aggravating pre-existing situations of vulnerability, through the eyes of a court; the criticalities of the Italian and European legal system vis-à-vis evolving jurisprudential innovation.