THE HAGUE — The International Court of Justice (ICJ) is set to begin a significant hearing on Monday, tackling the world’s largest case in its history. Over the next two weeks, the court will examine the legal responsibilities of nations in addressing climate change and supporting vulnerable countries impacted by its catastrophic effects.
Following persistent advocacy from island nations fearing obliteration due to rising sea levels, the U.N. General Assembly sought the court’s expertise last year on the “obligations of States in respect of climate change.” Margaretha Wewerinke-Singh, who represents the Pacific island nation of Vanuatu, emphasized the aim of the case, expressing, “We want the court to confirm that the conduct that has wrecked the climate is unlawful.”
Data reveals that over the past decade leading to 2023, global sea levels have increased by an average of approximately 4.3 centimeters (1.7 inches), with certain areas in the Pacific experiencing even greater rises. Additionally, the world’s temperatures have surged by 1.3 degrees Celsius (2.3 Fahrenheit) since pre-industrial times, primarily due to fossil fuel combustion.
Vanuatu joins a collective of smaller nations advocating for legal interventions during the climate crisis. Ralph Regenvanu, Vanuatu’s climate change ambassador, highlighted the urgent reality, stating, “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.”
A ruling from the court would serve as non-binding guidance and would not compel wealthier nations to act. However, it could potentially inspire legal proceedings in other jurisdictions, marking a crucial step in global advocacy against climate change.
To coincide with the hearings, environmental advocacy groups will unite on Sunday, gathering representatives from various organizations. The Pacific Islands Students Fighting Climate Change, the initiators of this advisory opinion request, along with World Youth for Climate Justice, have organized a program featuring speeches, music, and discussions.
Starting Monday, the court will hear testimony from 99 countries and over a dozen intergovernmental organizations, marking the largest assembly in its nearly 80-year history.
At the recent U.N. climate summit, nations reached a consensus on providing support from wealthier nations to poorer countries grappling with climate emergencies. Rich countries have pledged to pool at least $300 billion annually by 2035, although this figure falls significantly short of the $1.3 trillion experts suggest is necessary.
“For our generation and for the Pacific Islands, the climate crisis presents an existential threat. It is a matter of survival, yet the world’s largest economies do not adequately address this crisis. We need the ICJ to defend the rights of those on the front lines,” stated Vishal Prasad from Pacific Islands Students Fighting Climate Change.
The ICJ will be posed with two critical questions from its fifteen judges: What are the obligations of nations under international law in safeguarding the climate from greenhouse gas emissions? And what legal implications arise for governments whose actions, or failure to act, have caused significant harm to the climate?
The second inquiry specifically addresses “small island developing States” that are anticipated to bear the brunt of climate challenges, and “members of the present and future generations impacted by climate change.” Judges were also briefed by the U.N.’s Intergovernmental Panel on Climate Change regarding the scientific bases for observed global temperature increases prior to commencing the hearings.
The case being presented to the ICJ is part of a broader movement that has seen various legal rulings compelling governments globally to intensify efforts in mitigating greenhouse gas emissions. In May, a U.N. maritime law tribunal recognized carbon emissions as a form of marine pollution, thus obligating nations to adopt measures to address its harmful effects.
This ruling followed a landmark decision in April by Europe’s apex human rights court affirming that governments must better secure their citizens against the ramifications of climate change, a judgment with potential far-reaching effects across Europe.
Host country of the ICJ, The Netherlands, made history in 2015 when a court determined that protection against the dire consequences of climate change constitutes a human right, mandating the government to shield its citizens—this decision later confirmed by the Dutch Supreme Court in 2019.
