ICJ Case on Climate Change

Taking the issue of climate change to the world’s highest court

The International Court of Justice (ICJ) is currently considering an Advisory Opinion on the Obligations of States in Respect of Climate Change, having been formally requested to do so by the UN General Assembly in March 2023.

The ICJ has the mandate to consider the most up-to-date scientific information regarding the impacts on ecosystems of anthropogenic (human-made) emissions of greenhouse gases, and to consider the full range of applicable law in order to protect ecosystems for current and future generations.  In this respect, the obligations of States that the ICJ will affirm are likely to extend far beyond the Framework Convention on Climate Change and current government actions to protect the climate which are woefully inadequate.

I absolutely support an ICJ Advisory Opinion and I hope it will raise awareness on climate justice. I would invite those who are involved in the AO to take a very broad view of the injustices that need a climate justice approach.
Mary Robinson
Co-Chair, Climate Governance Commission. Former President of Ireland and the former UN High Commissioner on Human Rights. Photo: Wikimedia

The initiative to take climate change to the ICJ was initiated by students and youth in the Pacific Islands – whose countries are already starting to disappear under rising seas – and grew into a global campaign led by World’s Youth for Climate Justice.

Input into the ICJ hearings (written and oral) from youth and other communities most impacted by climate change is vital to ensure a strong and effective decision by the Court.

An advisory opinion from the ICJ is the most authoritative and constructive route available for an independent clarification of the legal implications of climate change under international law.
Government of Vanuatu
Lead sponsor of the UNGA resolution formally requesting the ICJ to render its Advisory Opinion on climate change

Once the ICJ renders its decision, the campaign will move into the next phase – implementation of the decision by UN bodies, national governments, the private sector and others.