ICJ Rules States Have Legal Obligation to Protect Environment from Climate Change
The International Court of Justice (ICJ) issued an advisory opinion on Wednesday stating that States have a legal obligation to protect the environment from greenhouse gas emissions and cooperate to fulfill this obligation. This includes limiting global warming to 1.5°C above pre-industrial levels as per the Paris Agreement. The Court further ruled that failure to meet these obligations incurs legal responsibility, potentially requiring cessation of harmful conduct, guarantees of non-repetition, and full reparation.
UN Secretary-General António Guterres welcomed the decision, calling it a victory for the planet and climate justice. The Court based its ruling on Member States' commitments to environmental and human rights treaties, emphasizing that a healthy environment is essential for the enjoyment of human rights.
The request for this advisory opinion originated from Vanuatu in September 2021, following an initiative by the youth group Pacific Island Students Fighting Climate Change. The case, the largest ever seen by the ICJ, involved 91 written statements and 97 States participating in oral proceedings. While advisory opinions are not binding, they carry significant legal and moral weight.
Impact Statement: The ICJ's advisory opinion strengthens the legal basis for climate action and may influence future national and international climate policies.