The International Court of Justice (ICJ) has begun delivering its advisory opinion on climate change, describing it as an “urgent and existential threat”. ICJ President Yuji Iwasawa stated that greenhouse gas emissions are “unequivocally caused by human activities” and have cross-border effects. The court’s opinion is expected to have significant implications for future climate action worldwide.
“The consequences of climate change are severe and far-reaching: They affect both natural ecosystems and human populations. These consequences underscore the urgent and existential threat posed by climate change,” Iwasawa emphasized. The ICJ’s advisory opinion is non-binding but carries substantial legal and political weight, potentially determining the course of future climate action globally.
The case was brought by the United Nations General Assembly, prompted by vulnerable island nations fearing they could disappear due to rising sea levels. Vanuatu, a small island nation, has been at the forefront of this effort, urging the ICJ to consider the entire corpus of international law in its opinion. Vanuatu’s Climate Change Minister, Ralph Regenvanu, highlighted the disproportionate impact of climate change on vulnerable countries, stating, “Colonialism is gone – you know, supposedly gone – but this is a hangover where your conduct as a state continues to suppress the future of the people of another country.”
The ICJ’s opinion will address two key questions: what obligations do states have under international law to protect the Earth’s climate, and what are the legal consequences for states that have caused significant harm to the climate system? The court’s ruling may clarify nations’ obligations to prevent climate change and the consequences for polluters. Regenvanu added, “We’re hoping that the ICJ will say that it is a legal obligation of states to address climate change. You have to respect other states and their right to self-determination.”
The ICJ’s decision will likely have far-reaching implications for climate justice, shaping national and international legislation, and impacting ongoing court cases. Climate activists and vulnerable nations have been advocating for stronger measures to curb emissions and provide financial aid to those most affected by climate change.
Supporters of climate action gathered outside the court, chanting, “What do we want? Climate justice! When do we want it? Now!” The ICJ’s opinion is expected to provide a roadmap for countries to address the climate crisis and its devastating effects, particularly on small island nations and vulnerable communities.