The Republic of Vanuatu is leading a global coalition to adopt a UN General Assembly Resolution asking the International Court of Justice (ICJ) to clarify State obligations and legal consequences related to climate change. The Court proceedings are now underway!
For those unfamiliar with the ICJ (The International Court of Justice), the ICJ is the principal judicial organ of the United Nations. It’s located in the Hague, Netherlands, and has served countless cases and advisory opinions on international disputes.
The Republic of Vanuatu is requesting an Advisory Opinion from the ICJ on the Obligations of states relevant to climate change. An Advisory Opinion is not a law, nevertheless it is of significant value. Due to the status of the ICJ as the highest court in the world, it carries great legal weight and moral authority. In their own way, Advisory Opinions also contribute to the clarification and development of international law.
At the start of 2024, countries submitted their cases to the ICJ and in early December the oral hearings took place. As expected, many island nations and other countries feeling the brunt of the climate crisis made cases to emphasize the urgency of the climate crisis, the need for equitable solutions, the responsibilities of States, even if the effect of their GHG emissions happen across borders, and basic human rights. Many of the fossil fuel producing counties made cases to avoid responsibility and to deny the relevance of human rights in the climate crisis. Kuwait even went as far as greenwashing their state-owned petroleum company. One of the biggest surprises may have been Spain, perhaps due to the recent floods. Spain pleaded for state responsibility, the connection between human rights and the climate crisis, and for international law to combat climate change. You can find a daily debrief on the website of World’s Youth for Climate Justice.
One of our Newsletter writers was at the ICJ on Wednesday, December 4th:
“I was lucky enough to be allowed to enter the ICJ court room on a day where the Vanuatu climate justice case was taking place. The building and even the ICJ courtroom give off an air of grandeur, an 18th-century room displaying stolen riches, the judges sitting at an elevated podium, the wooden paneling, the chandeliers. It gives me an ick.
On a brighter note, the speeches given at the court have had an inspiring effect on me, even the ones from the US and Russia. I had already listened to some of the speeches online, but being in the courtroom just added a little extra. Wednesday December 4th, I went to the ICJ to hear the proceedings with my own ears. I’ll start with the rubbish, so we end on a positive note. The worst statement by far was from the USA still under the leadership of someone regarded as climate-concerned. They left no stone unturned in preventing the ICJ from creating an advisory opinion on climate justice, making statements such as, that the ICJ wouldn’t have jurisdiction, that the UNFCCC COP is already in place, and that the Paris Agreement is and should remain unbinding. So that the USA can keep ignoring the Paris agreement of course. These blood boiling statements increased my resolve to keep fighting for climate justice. Russia made similar statements, and statements claiming they were already doing a good job. An outrageous lie on multiple levels.
Ecuador and Fiji offered a true counterweight. They were the ones that really inspired me. Their pleas with the court to serve them justice were heart-felt. They told stories of how their countries were hit by climate change, how their people are suffering, and how they are the least responsible for causing climate change, while facing unprecedented challenges. And how other countries are poisoning the atmosphere with greenhouse gas emissions that are wreaking havoc on their territories, destroying their people’s livelihoods.
The biggest surprise for me was Spain, a European country making a true statement for climate justice. I don’t know if it’s the recent floodings or something else, but they seem to understand that climate change must be stopped. Do I dare say, “Go Spain!”?
Outside the ICJ, a large group of protesters from various parts of the world have gathered. They had great energy and were chanting loudly for climate justice.
This ICJ court case could have an enormous effect on the speed with which climate justice will be served. Even with the statements from the USA and Russia, I feel confident that the ICJ ruling will help us get a huge step closer to climate justice. The ICJ simply cannot ignore the statements from the global south.”
After following the events at the ICJ, we believe MAPA countries made a strong case, and we expect a lot from the outcome at the ICJ. An advise from the ICJ will help climate cases and legislation across the globe. We are keeping an eye out for updates on the court case.
Bravo/Brava for getting this website up and running. It looks great --very inspiring!