THE HAGUE, November 26, 2024— Experts from the Center for International Environmental Law (CIEL) will closely monitor the climate hearings at the International Court of Justice (ICJ), scheduled to take place from December 2 to 13 in The Hague. They are available for comment on the proceedings, which will bring together some of the world’s most climate-vulnerable nations and major polluters.
These historic hearings at the world’s highest court will examine States’ obligations to protect present and future generations and the environment from climate change, as well as redress for mounting climate harms.
Although the grave risks and impacts of the climate crisis are widely recognized, an enormous gap persists between States’ climate policies and the urgent actions required by science and justice to avert climate catastrophe.
The ICJ’s efforts to clarify international legal obligations related to climate change could profoundly influence governments, courts, and legislative bodies worldwide.
The ICJ’s climate proceedings have seen unprecedented levels of participation — with a record 91 written submissions in the initial phase and 62 follow-up comments. Now, 98 States and 12 international organizations have signed up to participate in the oral hearings.
This engagement is a testament to the urgency and gravity of the climate crisis and the importance that States place on the Court clarifying what international law requires in the face of the escalating climate emergency and escalating climate harms.
The advisory opinion process seeks guidance from the ICJ on two fundamental questions: What are States’ obligations under international law to ensure the protection of the climate system, on which both present and future generations depend? And what are the legal consequences for States that have failed to meet these obligations?
The answers to those questions could clarify that States’ contributions to climate change and failures to prevent or minimize it have legal significance and consequences under international law. This could pave the way to holding States accountable in court if they fail to protect people and the planet from the impacts of the climate crisis or if they are responsible for causing the crisis in the first place.
The Court’s pronouncements can have concrete effects. Although they do not resolve a specific dispute between two or more States, advisory opinions carry significant weight as authoritative interpretations of binding law and are considered tools of preventive diplomacy.
The ICJ advisory opinion, expected in 2025, is the result of strong mobilizations by Vanuatu, the Pacific Islands, and youth worldwide. It will likely influence national and regional courts’ interpretations of State duties and the outcome of pending and future cases, as well as inform climate action. It may also help cut through the political inertia that has plagued UN climate negotiations and national-level climate action.
Note to Editors:
The ICJ is one of three international tribunals asked to issue guidance on States’ legal obligations to address the climate emergency. In May 2024, the International Tribunal for the Law of the Sea made history with the first-ever advisory opinion on climate change from an international court, stating that, in order to protect the oceans, States must cut greenhouse gas emissions, which pollute the marine environment. The opinion sets the bar for future court judgments and policy decisions on climate action. The Inter-American Court of Human Rights is also working on a forthcoming advisory opinion on climate, following public hearings held earlier this year in Barbados and Brazil.
CIEL has engaged in this ICJ Advisory Opinion in multiple ways, including by making legal submissions under ICJ Practice Directive XII; providing legal input to States and organizing State briefings on key substantive issues; working closely with partners across the world to build political and public support for the ICJ Advisory Opinion; and collaborating with other civil society organizations to call for fairer procedural rules.
Experts available to comment:
- Nikki Reisch — CIEL Climate & Energy Program Director. Nikki will be in The Hague from December 7 to December 13. Follow Nikki on Twitter.
- Joie Chowdhury — CIEL Senior Attorney, Climate Litigation and Accountability. Joie will be in The Hague from November 29 to December 10. Follow Joie on Twitter, LinkedIn and Bluesky.
- Sébastien Duyck — CIEL Senior Attorney, Human Rights and Climate Change. Sébastien will be in The Hague from November 30 to December 8. Follow Sébastien on Twitter, LinkedIn or Bluesky.
Media Contacts:
- Rossella Recupero, Communications Campaign Specialist + 41 76 216 5976 (Signal), +39 340 47 39 827 (WhatsApp), press@ciel.org. Rossella will be in The Hague from November 29 to December 5.
- Niccolò Sarno, Media Relations Specialist (Geneva) + 41 22 506 80 37 (Signal and WhatsApp), press@ciel.org