Over the next two weeks, over 100 countries and international organizations will participate in hearings at the International Court of Justice (ICJ) in the Hague as part of historic proceedings on climate change.
The ICJ, also known as the World Court, will consider states’ obligations under international law to address rising greenhouse gas emissions and the legal consequences should they fail to do so. The court may look to various sources of international law, including environmental and human rights treaties, during its deliberations.
The ICJ’s legal opinion is expected in 2025.
Tireless campaigning by youth activist groups – led by the Pacific Islands Students Fighting Climate Change and World’s Youth for Climate Justice – and diplomatic efforts by the island nation of Vanuatu resulted in these oral proceedings at the World Court.
In March 2023, the United Nations General Assembly adopted a resolution recognizing climate change as “an unprecedented challenge of civilizational proportions” and requesting an ICJ advisory opinion.
Although ICJ advisory opinions are nonbinding, they can carry great moral and legal authority and can ultimately become part of customary international law, which is legally binding.
Every UN member state is obligated to protect and promote human rights and prevent rights violations in the context of climate change. Additionally, every country that is a party to the UN Framework Convention on Climate Change has ratified one or more major UN human rights treaties, and the Paris Agreement on Climate Change explicitly states that respect for human rights is key to taking ambitious climate action.
International human rights law obligates governments to protect people from current and foreseeable climate-related harms. Human rights standards place tighter controls on corporate actors that drive greenhouse gas emissions and contribute to harm.
While many governments have pledged to phase out fossil fuels and protect tropical forests, this doesn’t mean they will do so in a timely or effective manner. International human rights law can help to hold to account those governments that don’t comply with or enforce existing environmental regulations and climate policies that contribute to violations of human rights.
One question – among many – that an ICJ Advisory Opinion could help clarify is when delays or even backtracking amounts to a violation of international human rights law.
The court’s opinion will have great significance for millions already impacted by climate change, and many more who face harm in the immediate future.
