The International Court of Justice (ICJ), the top United Nations court, embarked on its most significant undertaking to date on Monday: a two-week hearing addressing the legal responsibilities of nations in the fight against climate change and the critical support needed for vulnerable nations grappling with its devastating consequences. This landmark case, spurred by years of advocacy from island nations facing the imminent threat of submersion due to rising sea levels, marks a pivotal moment in international environmental law.
The case, initiated by a request from the UN General Assembly, seeks an advisory opinion on “the obligations of States in respect of climate change.” While the ICJ’s decision will be non-binding, its weight and influence are undeniable. It won’t directly compel wealthy nations to act, but it is poised to serve as a powerful catalyst for further legal action, including domestic lawsuits in various countries. This potential ripple effect underpins the immense significance of the proceedings.
“We want the court to confirm that the conduct that has wrecked the climate is unlawful,” Margaretha Wewerinke-Singh, the lead lawyer for Vanuatu, a Pacific island nation at the forefront of this legal battle, stated to The Associated Press. The urgency is palpable: sea levels have risen globally by an average of 4.3 centimeters (1.7 inches) in the decade leading up to 2023, with certain regions of the Pacific experiencing even more dramatic increases. This rise, coupled with a global temperature increase of 1.3 degrees Celsius (2.3 Fahrenheit) since pre-industrial times – largely attributed to the burning of fossil fuels – paints a stark picture of the crisis.
Vanuatu, along with other small island states, champions international legal intervention as a critical tool in addressing the climate crisis. “We live on the front lines of climate change impact. We are witnesses to the destruction of our lands, our livelihoods, our culture, and our human rights,” Vanuatu’s climate change envoy, Ralph Regenvanu, emphasized to reporters ahead of the hearing. The scale of the court proceedings underscores the global significance of the issue: 99 countries and more than a dozen intergovernmental organizations are participating, making it the largest case in the ICJ’s nearly 80-year history.
The urgency is further highlighted by recent developments at the UN’s annual climate meeting. While an agreement was reached on how wealthier nations can support poorer nations in the face of climate disasters, pledging at least $300 billion annually by 2035, this falls drastically short of the $1.3 trillion deemed necessary by experts and threatened nations. This shortfall underscores the inadequacy of current commitments and the critical need for stronger, legally binding actions.
“For our generation and for the Pacific Islands, the climate crisis is an existential threat. It is a matter of survival, and the world’s biggest economies are not taking this crisis seriously. We need the ICJ to protect the rights of people at the front lines,” stressed Vishal Prasad of Pacific Islands Students Fighting Climate Change, encapsulating the emotional and practical stakes involved.
The fifteen ICJ judges will grapple with two central questions: What are countries obligated to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? And what are the legal consequences for governments whose actions, or inaction, have significantly harmed the climate and environment? The latter question specifically addresses the plight of small island developing states and future generations bearing the brunt of climate change’s adverse effects. The judges received expert briefings on the science behind rising global temperatures from the Intergovernmental Panel on Climate Change (IPCC), the UN’s leading climate science body, before the hearings commenced. The world watches with bated breath as this historic case unfolds, hoping for a decisive step towards global climate action.
