Nations should take measures to avoid harming the climate, as stated by the International Court of Justice
The International Court of Justice (ICJ) in The Hague has issued a groundbreaking ruling on July 23, 2025, stating that all countries have a legal obligation under international law to combat climate change. This ruling, the first of its kind by the ICJ, emphasizes the responsibility of industrialized and high-emitting countries to take the lead in reducing emissions.
The ruling expands on obligations beyond treaty commitments, such as the Paris Agreement, and includes responsibilities concerning fossil fuel production and subsidies. The ICJ's advisory opinion clarifies that these obligations arise from a combination of international environmental treaties, customary international law duties to prevent significant environmental harm, and human rights treaties linking a healthy environment to fundamental human rights.
Judge Yuji Iwasawa highlighted the link between the consequences of climate change and human rights, emphasizing that access to healthcare, water, food, and safe shelter could be affected. If countries fail to meet their climate commitments, it could pave the way for countries suffering damage from climate change to claim compensation.
The case, which involved nearly 100 countries and 12 international organizations, was brought up by the small island group of Vanuatu, a country that argues its survival is threatened by climate change due to rising sea levels. The hearings revealed widely varying opinions, with vulnerable countries and industrialized countries holding different positions.
Lawyer Al Khatib 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 that countries must act with due diligence and cooperate to meet their obligations.
The court's opinion is not binding, but climate law expert Laura Burgers believes that judges will refer to this interpretation in the future. The demonstrable link between the damage, climate change, and a lack of climate action must be assessed on a case-by-case basis.
The ruling goes further than the Paris Agreement, as it applies to countries that have not signed climate treaties. The economic feasibility of targets can be considered, and the court is not mandating that emissions must stop.
This landmark advancement in climate law reinforces and expands obligations beyond existing treaties, driven by principles of environmental protection and human rights. The ruling is a significant step towards ensuring global cooperation in the fight against climate change.
References: 1. UN News 2. Impact Investor 3. Carbon Brief 4. IISD
- The ICJ's ruling on July 23, 2025, has emphasized the need for development finance to prioritize energy transition in combating climate change, as it expands obligations beyond treaty commitments like the Paris Agreement.
- The scientific community, particularly environmental-science experts, have hailed the ICJ's decision as a significant step towards addressing climate-change and its impact on the environment.
- With this ruling, politics around climate-change action may shift, with countries being held accountable for their lack of due diligence in mitigating emissions.
- General-news media outlets have covered the ICJ's decision extensively, discussing its social impact on industries reliant on fossil fuels and its potential implications for development finance and international relations.
