On December 2, 2024, the International Court of Justice (ICJ) began highly anticipated public hearings addressing the legal responsibilities of nations concerning climate change.
These proceedings are set to continue until December 13 in The Hague, Netherlands. The hearings aim to clarify the legal obligations of states under international law and the repercussions of failing to meet these obligations.
The court has been tasked with answering two key questions:
First, what are the responsibilities of nations under international law to protect the climate system and the environment from greenhouse gas emissions, both for current and future generations?
Second, what are the legal consequences for states that have caused significant environmental harm through their actions or inaction? This question includes the impact on vulnerable small island developing states and the effects on individuals and communities globally.
The case was initiated by the Pacific island nation of Vanuatu in 2021, driven by the efforts of youth activists and the urgent climate vulnerabilities faced by small island nations.
Following extensive lobbying, the UN General Assembly adopted a resolution in March 2023, supported by 132 countries, to formally request an advisory opinion from the ICJ.
Although advisory opinions from the ICJ are not legally binding, they hold considerable moral and authoritative weight. They can influence international climate negotiations, inform judicial decisions in domestic cases, and potentially be cited in lawsuits involving climate damage claims.
The opinion could also guide states in shaping their environmental policies and interactions with other nations.
This case represents an unprecedented global effort, with 91 written submissions and participation from 97 nations and 11 international organizations.
The hearings come at a critical time, following the contentious conclusion of COP29, where developing nations criticized a $300 billion annual climate finance agreement as inadequate.
Small island states, facing severe impacts such as sea level rise and coastal erosion, emphasize the urgency of establishing a robust legal framework for climate accountability.
UN Secretary-General António Guterres has highlighted the potential impact of the ICJ's advisory opinion, expressing hope that it will catalyze stronger global climate action and provide essential guidance for states to meet their environmental obligations.
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