THE HAGUE, December 13, 2024 — The International Court of Justice (ICJ) today concluded its historic hearings on the world’s biggest problem: climate change. Over the past two weeks, 15 judges heard arguments from over 100 countries and International organizations on the legal obligations of States in the context of the climate crisis and the legal consequences of failing to uphold them.
While Small Island States – like Vanuatu – and youth worldwide were at the forefront of efforts to bring climate change to the International Court of Justice, the hearings have shown that they are far from alone in demanding climate justice and reparations for escalating climate harm.
In the coming months, the Court will work on drafting an advisory opinion that will provide clarity on the legal duties of States to cease and remedy climate harms – offering a critical foundation for climate justice and legal accountability. The advisory opinion is expected to drop next year.
At the end of the hearings, CIEL experts issued the following statements:
Nikki Reisch, CIEL Director of the Climate and Energy Program, said:
“History was made in The Hague these past two weeks. The climate hearings at the ICJ have been a watershed moment for climate justice, human rights, and legal accountability. Their impact can be felt already – even before the opinion is out. While a handful of big polluters sought to dilute and evade their legal obligations, the overwhelming majority of countries urged the Court to affirm that the conduct driving the climate crisis and its catastrophic consequences is unlawful under multiple sources of international law, and that those responsible have a clear legal obligation to cease and remedy the harm. Fossil fuel producers and major emitters attempted to sweep their responsibility for the climate crisis under the rug, claiming that their legal obligations start and end with the Paris Agreement. But making empty promises at annual climate talks doesn’t cut it, and no amount of emphasis on ‘cooperation’ can make up for the failure to respect and protect human rights and the environment. There is no greater betrayal of solidarity than continuing to destroy the climate on which we all depend. As an authoritative interpretation of binding international law, the Court’s opinion will reverberate around the world, laying the foundations for more ambitious climate action and reparations for mounting climate harm. The groundswell of demand for climate justice that brought this issue to the Court will only grow stronger as the stakes get higher.“
Joie Chowdhury, CIEL Senior Attorney, said:
“The forthcoming ICJ climate advisory opinion holds the promise of offering a legal blueprint for holding major polluters accountable and affirming the right to remedy and reparations. How climate impacts are experienced as human rights harm is rooted in intersecting systems of oppression including unjust global financial infrastructure, entrenched inequalities, and the perpetuation of colonial legacies. These are not abstract issues; they are lived realities for millions. The structural links between climate harm and systemic injustice have been made unequivocally clear by many Global South States in the ICJ oral hearings, reminding us that the fight for climate justice is also a fight for equity and dignity. Meanwhile, major emitters set our rights on fire and then deny the rightful application of human rights law. The Court has a solemn responsibility to hear the call of the most climate vulnerable to keep the right to survival, the right to self-determination, at the very center of its critical advisory opinion. These proceedings, born out of discussions in a Pacific classroom, driven by youth campaigners across the world, and led by Vanuatu and many countries on the frontlines of the climate crisis, exemplify the power of leadership by those most impacted.”
Sebastien Duyck, CIEL Senior Attorney, said:
“During the historic advisory proceedings, major polluters, including the US, UK, Russia, China, Germany, Saudi Arabia, Canada, Australia, Norway, and Kuwait, found themselves isolated in their attempts to play the legal system to serve their self-interests and insulate themselves from accountability. It is time to break this cycle of harm and impunity. Arguments that have been presented during the hearings and the upcoming advisory opinion can make clear that overdue climate action, respecting, protecting, and uplifting the rights of present and future generations – including the right to a healthy environment – and remedying mounting climate harm is a legal obligation that is already recognized under international law. As dozens of States have pleaded, it is vital that the ICJ looks beyond the Paris Agreement and delivers a strong legal opinion anchored in legal norms that advances climate justice and human rights, including by affirming that those most responsible for the climate crisis must remedy and repair the resulting harm. In clarifying what the law means, the advisory opinion will provide critical guidance to States and courts alike, influencing decisions about climate action, policy, and law both at the national and international levels. The Court must now fulfill its duty: uphold the rule of law and end the impunity by reestablishing that legal norms must be at the center of international climate action.”
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