Advancing Climate Justice at the International Court of Justice

We live in a climate emergency.  Extreme weather events—fires, heatwaves,  floods, hurricanes— and other climate impacts, such as sea level rise and desertification, are increasingly devastating people’s rights, lives and livelihoods globally. 

For far too long, the States most responsible for the climate crisis have failed to lead in addressing it and paying up for the harm they have caused. Now a unique opportunity to change this is upon us.

Despite decades of awareness about the grave risks and impacts of the climate crisis, there is an enormous gap between States’ climate policies and what science and justice demand to avert climate catastrophe. Now the International Court of Justice (ICJ) is weighing in on the urgent need to clarify international legal obligations in relation to climate change.

Why is the ICJ Involved?

On 29 March 2023, the General Assembly of the United Nations unanimously adopted a resolution requesting the ICJ to give an advisory opinion on “the obligations of States in respect of climate change.”

Who Initiated the ICJ Request?

The ICJ climate advisory proceedings resulted from the relentless efforts of Pacific Island students, other Pacific leaders and organizations, global campaigners, and the leadership of many States, especially  Vanuatu and a core group of nations including Angola, Antigua and Barbuda, Bangladesh, Costa Rica, Federated States of Micronesia, Germany, Liechtenstein, Morocco, Mozambique, New Zealand, Portugal, Romania, Samoa, Sierra Leone, Singapore, Uganda, and Viet Nam. 

At a time when climate devastation is causing pervasive harm across the world, the ICJ process— alongside the ongoing climate advisory proceedings at the InterAmerican Court of Human Rights and the climate advisory opinion issued by the International Tribunal for the Law of the Sea—offers a once-in-a-generation opportunity to clarify States’ obligations under multiple sources of international law , uplift climate justice, and raise ambition. 

What Is an Advisory Opinion of the ICJ?

An advisory opinion (AO) of the ICJ is a legal clarification provided by the Court to the UN or a specialized agency on points and questions of law , in accordance with Article 96 of the UN Charter. AOs are  considered authoritative interpretations of international law,  carry significant legal weight, and are often considered instruments “of preventive diplomacy.”

What are the Questions Before the ICJ?

• What are the obligations of States under international law in relation to climate change?
• What are the legal consequences when States do not meet or breach these obligations? 

Put simply, States want to know what international law has to say about what they are required to do about climate change.

Why is This Action Being Taken?

The scientific evidence is clear that the climate crisis has existential stakes. Climate impacts are harming (and will continue to harm) people, their livelihoods, and ecosystems worldwide. States have duties under different international laws, like human rights law and the Law of the Sea, to prevent, reduce and remedy climate harm, and there are legal consequences for failing to do so. At the heart of this action is  “the desire to strengthen collective action on climate justice.” Legal clarity from the International Court of Justice  – the UN’s highest judicial organ may help unlock climate ambition and justice.

Timeline of the process?

• March 29, 2023: UNGA Resolution Adopted requesting the ICJ for a climate advisory opinion
•  March 22, 2024: A record 91 submissions in the first phase of the written proceedings were filed by States and authorized International Organizations.
• August 15, 2024: States and authorized international organizations filed an unprecedented 62 submissions in the comments written phase.
• December 2-13, 2024: Oral hearings take place in The Hague. 
• 2025: Opinion expected

What Could a Strong Advisory Opinion Mean for People Impacted by Climate Change?

We need urgent action to tackle the climate emergency. The law is one of the most powerful tools we have to change the system and hold governments and companies to account. Clarification of the law by the ICJ in relation to climate change may pave the way to bring States to Court if they do not protect people and the planet from the impacts of the climate crisis or for causing the crisis in the first place.

The ICJ AO will likely influence national and regional courts’ interpretation of State duties and the outcome of pending and future cases, inform climate action, and may help cut through the political inertia that has plagued climate negotiations and national-level climate action. The proceedings will also force an airing of government positions on key legal questions, providing an important foundation to make polluters pay.

How Is CIEL Involved?

CIEL has engaged in this Advisory Opinion at the International Court of Justice in multiple ways, including by making legal submissions under ICJ Practice Directive XII; providing legal input to States and organizing multiple, closed-door State briefings on key substantive and strategic issues; working closely with partners across the world to build political and public support for, and momentum behind the ICJ AO; and collaborating with other civil society organizations to call for fairer procedural rules.

Some relevant  resources:

Written Submissions

Under ICJ Practice Directive XII, CIEL submitted a collated brief outlining State obligations and the legal consequences of their breach, examining the legal framework across four key areas:

1. Applicable Law;
2. Reparations for Climate Harm ;
3. Obligations to Phase Out Fossil Fuels;
4. Rights of Future Generations.

Op-ed:

• • Joint op-ed on why the LDF alone will not redress climate harm (November 2023)
  • CIEL Press Release: Major Milestone Reached in Historic Climate Judgement (March 22, 2024)

Selected Video Resources of ICJAO webinars:

1. CIEL, Webinars on: Maastricht Principles/Rights of Future Generations and their relevance to the AOs (esp ICJ)  (September 2023) [Eastern session & Western session]
2. RFK Human Rights, Webinar on: Combating Climate Change and Protecting Human Rights and Environmental Defenders: a Cross-Regional Discussion ( January 2024)
3. Virtual mobilization webinars on ‘The ICJ Advisory Opinion on Climate Justice: A Crucial Window of Opportunity for CSO Engagement’ (February 2024) [Eastern session & Western session]

More resources below.

[Last update, November 5, 2024]

Picture credits: Uto Ni Yalo at the Pacific Solidarity festival.