ICJ Climate Ruling: Justice and Accountability Worldwide
Landmark ICJ Advisory Opinion Affirms States’ Duty to Protect Climate, Bolstering Global Climate Justice
Amnesty International hails the International Court of Justice’s (ICJ) advisory opinion as a pivotal moment in the fight for climate justice, reinforcing states’ obligations to protect the climate system and the surroundings.
The Hague, Netherlands – In a groundbreaking advisory opinion, the International Court of Justice (ICJ) has unequivocally affirmed that states have a legal obligation to protect the climate system and other parts of the environment. This landmark ruling, welcomed by Amnesty International, considerably strengthens the global movement for climate justice and holds polluters accountable for their role in the escalating climate crisis.
“This is a monumental victory for climate justice and for the protection of human rights,” stated Mandi Kardi, head of Strategic Litigation at Amnesty International. “The ICJ’s opinion provides a powerful legal foundation for demanding that states take urgent and effective action to address the climate crisis, recognizing that inaction can constitute an internationally wrongful act.”
Candy Ofime, Researcher and Legal Advisor in the Climate Justice Team at Amnesty International, elaborated on the importance of the ruling. “In light of the polluters pay principle, the ICJ established that states’ failure to take action to protect the climate system- including through continued fossil fuel production, licencing or the provision of subsidies to fossil fuel companies-may constitute an internationally wrongful act,” Ofime explained. “Despite big polluters’ suggestion to the contrary, the ICJ recognized that it is scientifically possible to determine each state’s contribution to the climate crisis, taking into account current and cumulative emissions. States, particularly historically high greenhouse gas emitters, must take responsibility and repair the climate harms they have caused and provide guarantees of non-repetition.”
Echoing the sentiments of the Inter-American court of Human Rights, the ICJ reaffirmed that climate change can lead to the forced displacement of peopel seeking safety, including across borders.The Court emphasized that in such circumstances,non-refoulement protections apply,safeguarding individuals from being returned to places where their lives or freedom would be threatened due to climate impacts.
The ICJ’s opinion paints a stark picture of the climate crisis, recognizing it as “an existential problem of planetary proportions that imperils all forms of life and the very health of our planet.” The Court stressed that a complete solution to this “life-daunting” and “self-inflicted” crisis requires not only the contribution of all fields of knowledge but also “human will, at individual, social and political levels to change our current way of life to secure a future for ourselves and those who are yet to come.”
Delivering a message of hope and empowerment to the climate justice movement worldwide, the ICJ expressed “hope that its conclusions would inform and guide social and political action to address the ongoing climate crisis.”
Amnesty International extends its deepest gratitude to the Pacific Islands students whose innovative and inspiring global advocacy was instrumental in achieving this critical milestone. Their courage and determination have paved the way for greater accountability and action on climate change.
