(Photo by Nick Sorockin on Unsplash)
MANILA, PHILIPPINES [TAC] — The International Court of Justice (ICJ) last week (July 23) confirmed the legal obligations of States to address the climate crisis and the consequences for failing to do so.
The ICJ confirmed that international legal obligations (duty to cooperate, human rights, duties to prevent transboundary and environmental harm and act with due diligence) were also applicable to States’ conduct in the context of climate change.
Additionally, all States, whether they are parties to the UNFCCC, Kyoto and Paris Agreements or not, were bound by legal obligations under customary international law.
Legal consequences include cessation (regulate private polluters and end fossil fuel subsidies); assurances of non-repetition; and a duty to make full reparations to injured States and individuals.
This ruling is expected to take center stage when the United Nations General Assembly meets in September and at the next conference of parties to the UN Convention on Climate Change (COP30) in Brazil this November.
The legal proceedings were requested by the UN General Assembly in a Resolution passed by consensus on 29 March 2023. The resolution was initiated by the Pacific Island Students Fighting Climate Change spearheaded by the Government of Vanuatu seeking climate justice.
In a statement, Ralph Regenvanu, Vanuatu’s minister of Climate Change Adaptation, said “The ICJ ruling marks an important milestone in the fight for climate justice. We now have a common foundation based on the rule of law, releasing us from the limitations of individual nations’ political interests that have dominated climate action. This moment will drive stronger action and accountability to protect our planet and people.”
“The Global South is bearing the brunt of a crisis it did not create. Families are losing their homes, entire cultures are at risk of disappearing, and lives are being shattered by man-made climate disasters. The nations most responsible for emissions should be held accountable for any violations of legal obligations and they must also step up and lead in providing resources and support to aid those most affected,” Regenvanu emphasized.
“We will now take the ICJ ruling back to the United Nations General Assembly and pursue a resolution that will support implementation of this decision.”
In the Philippines, Greenpeace hailed the decision and remarked that the landmark ICJ advisory opinion can pave the way for Filipino communities to seek reparations from the world’s biggest climate polluters.
Greenpeace is also challenging Philippine President Ferdinand Marcos Jr., to lead the way in pursuing climate accountability by taking fossil fuel companies to court and enacting strong policies for corporate climate accountability.
“The ruling of the world’s highest court marks a new era of climate accountability on a global scale, and a turning point in the march for climate justice,” said Greenpeace Senior Campaigner Virginia Benosa-Llorin. “The President would be extremely negligent if he ignores the opportunity this offers for new legal actions against polluters, particularly those whose activities have significantly contributed to the climate crisis.”
“The message of the Court is clear: the production, consumption and granting of licenses and subsidies for fossil fuels could be breaches of International Law. Polluters must stop emitting and must pay for the harms they have caused,” said Benosa-Llorin.
