ClientEarth Communications
15th March 2024
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The Republic of Vanuatu is leading a group of States that called on the UN General Assembly to refer a request to the UN’s International Court of Justice (ICJ). The request is for an ‘advisory opinion’ asking the ICJ to clarify what the legal obligations of countries all over the world are under international law when it comes to climate action.
An advisory opinion is a legal clarification provided on points and questions of law to the UN or a specialised agency by the ICJ, in accordance with Article 96 of the UN Charter.
In March 2023, the UN General Assembly voted to ask the ICJ to clarify the obligations of States in relation to climate change, and the legal consequences if those obligations are not complied with. Put simply, States want to know what international law has to say about what States are required to do about climate change.
The core group of States, i.e. Vanuatu, Antigua and Barbuda, Costa Rica, Sierra Leone, Angola, Germany, Mozambique, Liechtenstein, Samoa, Federated States of Micronesia, Bangladesh, Morocco, Singapore, Uganda, New Zealand, Vietnam, Romania and Portugal lead the drafting of the questions to the ICJ.
The scientific evidence is clear on how the climate crisis is already harming (and will continue to harm) human life and well-being. In early 2023 for example, Vanuatu faced two category four cyclones within 72 hours – unprecedented in history. States have duties under different international laws, like human rights law and the Law of the Sea, to reduce climate harms, and there are legal consequences for failing to do so.
The ICJ – the UN’s highest judicial organ has not yet been given the opportunity to address the climate crisis.
All member States of the United Nations, as well as authorised intergovernmental organisations are able to provide written submissions to the Court. The first round of written submissions is due on 22 March 2024. On 15 August 2024, a second round of submissions is due, and the hearing can be expected in late 2024 or early 2025.
This action could have major knock-on effects in terms of countries’ obligations around climate-harming emissions and human rights. It would open up the possibility that international climate commitments can be legally enforced.
Domestic and international courts are increasingly being asked to define the exact content of state obligations to prevent climate change. And as the impacts become clearer and come to bear more heavily on the most vulnerable, we are likely to see courts increasingly taking this into account.
NGOs and civil society organisations aren’t able to provide formal submissions to the ICJ. But we have published a legal briefing on the questions before the court here.
In July 2024, ClientEarth, CIEL, Pacific Islands Students Fighting Climate Change and World’s Youth for Climate Justice published a joint legal memorandum on the relevance of the ITLOS advisory opinion for the advisory opinion proceedings before the International Court of Justice. The full memo can be found here.
