The International Court of Justice (ICJ) has issued a landmark advisory opinion, unanimously declaring climate change an "urgent, existential threat" that legally obligates states to act decisively. The ruling, delivered by all 15 judges on Wednesday, marks the court’s first-ever stance on climate change and sets a global precedent for holding nations accountable.
The ICJ mandated that states must curb greenhouse gas emissions, phase out fossil fuel expansion, and provide reparations for climate-related harm to vulnerable nations. Judge Iwasawa Yuji emphasized that climate change “imperils all forms of life,” urging that the ruling guide urgent social and political action to address the crisis.
The court clarified that Nationally Determined Contributions (NDCs) under the Paris Agreement must reflect the “highest possible ambition” and adhere to a stringent due diligence standard. States failing to act could be committing an “internationally wrongful act.” For cases where restitution is impossible, responsible nations must compensate for damages, establishing a legal basis for climate reparations.
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Though non-binding, the opinion draws on international treaties and norms, poised to influence global climate litigation. Experts predict courts worldwide will reference it in cases against governments and fossil fuel companies. The ruling stems from a campaign by Pacific Island students, Vanuatu’s government, and youth groups, culminating in a UN General Assembly resolution.
Legal experts, including Sarah Mead of the Climate Litigation Network, hailed the decision as validation of public demand for meaningful climate action. Lorenzo Cotula of the IIED noted tensions with international investment laws protecting fossil fuel infrastructure, calling for urgent reforms.
Vishal Prasad, from Pacific Island Students Fighting Climate Change, called it a “lifeline” for communities hit hardest by climate impacts despite minimal contributions. Harjeet Singh of Satat Sampada Climate Foundation declared the “era of impunity for polluters” over, with implications for COP30 in Brazil, where climate justice and reparations will take center stage.
India, in earlier ICJ hearings, argued that developed nations, as primary historical emitters, bear greater responsibility. Luther M Rangreji, representing India, emphasized the principle of Common But Differentiated Responsibilities, criticizing unfulfilled financial commitments like the $100 billion Copenhagen pledge. India highlighted its low per capita emissions and ongoing sustainable development efforts, urging developed nations to achieve net-zero before 2050.
The ruling, informed by submissions from over 90 countries, balances calls to uphold the UN climate framework with demands for stronger legal obligations, setting a critical tone for future climate negotiations.
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