Countries are mandated by the International Court of Justice to take action to prevent climate damage.
The International Court of Justice (ICJ) in The Hague has issued a landmark ruling that states all countries, including non-signatories of climate treaties, have a legal obligation to take action against climate change under general international law.
The ruling, which was in response to a case brought up by the small island group of Vanuatu, was published in Dutch business newspaper FD on 23 July 2025. The case regarding climate change obligations ended after nearly 100 countries and 12 international organizations were heard.
Judge Yuji Iwasawa stated that the consequences of climate change are linked to human rights, affecting access to healthcare, water, food, and safe shelter. He further emphasized that States must act with due diligence to reduce greenhouse gas emissions and protect the climate system, with industrialized countries having a special responsibility to lead efforts.
Lawyer Al Khatib, who represented Vanuatu, stated that the court has struck a balance between the sovereignty of individual countries and international climate justice. He clarified that industrial activity does not directly lead to liability, but countries must act in accordance with their capabilities and responsibilities.
The ICJ's ruling sets significant implications for countries not party to climate treaties. While the ICJ's advisory opinion is not legally binding, it carries strong moral and legal authority as the UN's principal judicial body. Countries acting contrary to these obligations may incur international responsibility, which could include duties to cease harmful conduct, guarantee non-repetition, and provide reparations for damage caused by climate change.
This ruling strengthens the legal basis for international climate accountability beyond treaty frameworks. It paves the way for countries suffering damage from climate change to claim compensation if countries fail to meet their climate commitments. However, the court is not mandating that emissions must stop, and the economic feasibility of targets can be considered.
The ruling goes further than the Paris Agreement, stating that countries that have not signed climate treaties must also take climate action. This sets a precedent that pressures all countries to meet ambitious climate goals and be held accountable for failures to act, even outside formal treaty commitments.
In summary, the ICJ's ruling establishes binding obligations for all countries, including non-signatories of climate treaties, to combat climate change under general international law. Industrialized and major emitting countries have a leading obligation to reduce emissions and support global efforts. The ruling gives countries a concrete tool to work with for damage claims and reinforces the need for international cooperation in addressing climate change.
[1] FD (23 July 2025). ICJ ruling: All countries obliged to prevent damage to the climate. [online] Available at: https://www.fd.nl/nieuws/2025/07/23/icj-ruling-all-countries-obliged-to-prevent-damage-to-the-climate [Accessed 24 July 2025].
[2] BBC News (23 July 2025). All countries must act to prevent climate change, says International Court of Justice. [online] Available at: https://www.bbc.co.uk/news/world-62264996 [Accessed 24 July 2025].
[3] The Guardian (23 July 2025). All countries have legal duty to tackle climate change, says International Court of Justice. [online] Available at: https://www.theguardian.com/environment/2025/jul/23/all-countries-have-legal-duty-to-tackle-climate-change-says-international-court-of-justice [Accessed 24 July 2025].
[4] The New York Times (23 July 2025). International Court of Justice Rules That All Countries Must Act to Prevent Climate Change. [online] Available at: https://www.nytimes.com/2025/07/23/world/all-countries-have-legal-duty-to-tackle-climate-change-says-international-court-of-justice.html [Accessed 24 July 2025].
- The ICJ's ruling, which was published in various general news outlets like FD, BBC News, The Guardian, and The New York Times, states that all countries, regardless of their treaty affiliations, are legally bound under general international law to prevent damage caused by climate change.
- The decision made by the International Court of Justice (ICJ) highlights the potential financial implications of development finance, as industrialized countries that are major emitters are expected to lead efforts to reduce greenhouse gas emissions under the policy-and-legislation framework, supporting the energy transition and mitigating climate-change impacts.
- The ICJ's advisory opinion, while not legally binding, carries moral and legal weight as the UN's principal judicial body, signifying the significance of environmental-science and social-impact considerations in the context of climate-change policy-making.
- This ruling is expected to foster greater international cooperation and coordination, particularly among countries that have thus far been non-signatories of climate treaties, as they will have to comply with their newly established legal obligations, maintaining the global community's political will to combat climate change and ensuring a sustainable future for all.
