Additional Coverage:
- U.N.’s top court says failing to protect planet from climate change could violate international law (nbcnews.com)
The Hague, Netherlands – In a landmark decision Wednesday, the United Nations’ highest court declared that nations failing to protect the planet from climate change could be violating international law. The International Court of Justice (ICJ) advisory opinion further stated that countries harmed by climate change might be entitled to reparations.
This non-binding opinion, exceeding 500 pages, was met with enthusiastic support from climate advocates. ICJ President Yuji Iwasawa underscored the gravity of the situation, calling the climate crisis “an existential problem” threatening all life on Earth. He stated that inaction on climate change could constitute an internationally wrongful act.
Significantly, the court recognized a “clean, healthy, and sustainable environment” as a human right. This declaration opens doors for future legal action, including interstate accountability claims before the ICJ, domestic lawsuits, and the utilization of legal instruments like investment agreements.
The case, spearheaded by the Pacific island nation of Vanuatu and supported by over 130 countries, underscores the urgency of climate action for vulnerable island nations facing rising sea levels. All UN member states, including major greenhouse gas emitters like the United States and China, are subject to the court’s jurisdiction.
Celebrations erupted outside the court following the announcement, with activists expressing hope for increased government accountability and climate justice. Former UN human rights chief Mary Robinson hailed the decision as a “powerful new tool” to protect people from climate change impacts and deliver justice.
The ICJ’s advisory opinion was issued in response to a 2023 request by the UN General Assembly, prompted by years of lobbying from threatened island nations. The court considered two key questions: nations’ obligations under international law to protect the climate system, and the legal ramifications for governments whose actions, or inaction, cause significant climate harm.
Vanuatu officials emphasized the existential threat posed by rising sea levels and global warming, highlighting the slow pace of international agreements. The advisory opinion empowers activists to pursue legal action against their own governments for non-compliance.
Legal experts emphasized the significance of the decision, noting its focus on past, present, and future climate action, including addressing historical responsibility. While major petroleum-producing states like the United States and Russia oppose mandated emissions reductions, the UN Secretary-General recently warned that clinging to fossil fuels could lead to financial ruin.
This ICJ opinion follows other recent legal victories for climate action, including rulings by the Inter-American Court of Human Rights and the European Court of Human Rights. In 2019, the Netherlands’ Supreme Court also declared protection from climate change a human right. While acknowledging the limitations of international law in fully resolving the climate crisis, the ICJ president stressed the need for a multidisciplinary approach to secure the future.