Countries should take action to avoid causing climate damage, as stated in a ruling by the International Court of Justice
In a historic ruling in late 2024, the International Court of Justice (ICJ) in The Hague declared that all countries, regardless of whether they have signed climate treaties or not, are legally bound under international law to take climate action. This landmark decision was a victory for small island states, particularly Vanuatu, located in the Pacific Ocean, who have been fighting for years to hold major emitters accountable for climate change.
The case, which spanned over a decade, involved hearings from nearly 100 countries and 12 international organizations. The ICJ, the principal judicial organ of the United Nations, recognised the responsibility of industrialised countries for climate change and emphasised that they must take the lead in combatting it.
The ruling establishes that countries are obliged to protect the environment from greenhouse gas emissions, act with due diligence and cooperation to limit global warming to 1.5°C above pre-industrial levels, as specified under the Paris Agreement. For countries that have not signed climate treaties, the ICJ clarified that they too must take climate action to prevent significant harm to the climate system.
Judge Yuji Iwasawa, one of the judges presiding over the case, pointed out that the consequences of climate change are linked to human rights, affecting access to healthcare, water, food, and safe shelter. Residents of Vanuatu, as well as nearby island groups such as Palau and Tuvalu, argue that their survival is threatened by climate change due to rising sea levels.
While the ICJ advisory opinion is not legally binding, it is highly authoritative and expected to influence future judicial decisions and international climate governance. The ruling gives countries a concrete tool to claim compensation if countries fail to meet their climate commitments.
Lawyer Al Khatib stated that the court has struck a balance between the sovereignty of individual countries and international climate justice. Industrial activity does not directly lead to liability, but countries are obliged to take measures that are in compliance with agreements set out in existing climate treaties, such as the Paris Agreement. The court is not mandating that emissions must stop, and the economic feasibility of targets can be considered.
The cost of keeping these islands habitable is rising despite the fact that they have contributed little to the growing emissions of greenhouse gases. The ICJ's ruling is a significant step towards ensuring that all countries contribute to the global effort to combat climate change and protect vulnerable communities from its devastating impacts.
This article was originally published in Dutch business newspaper FD on 23 July 2025.
[1] International Court of Justice, Advisory Opinion on Climate Change Obligations, The Hague, 2024. [2] Burgers, L., Climate Law Expert, Interview, 2024. [3] Al Khatib, Climate Lawyer, Interview, 2024. [4] FD, "ICJ Rules on Climate Change: All Countries Obliged to Prevent Damage," 23 July 2025.
- The IJC advisory opinion, published in July 2025 by Dutch business newspaper FD, highlighted that under international law, all countries are required to take actions towards climate change mitigation, regardless of their ratification of climate treaties.
- In a recent interview, climate law expert Burgers remarked that the ruling, though not legally binding, is highly influential, potentially pushing policymakers towards stronger climate-change policies.
- Al Khatib, a climate lawyer working on the case, emphasized that while industrial activities do not directly lead to liability, countries must take measures to comply with existing climate treaties, such as the Paris Agreement, and consider the economic feasibility of targets.
- The ICJ's decision is not only significant in terms of climate-change policy and legislation but also environmental science, as it underlines the social impact of climate change and the importance of energy transition to protect vulnerable communities and limit global warming in line with the Paris Agreement.
