Entitlement to a clean, healthy and sustainable environment is a fundamental human right, the International Court of Justice has found in a landmark climate case.
The decision delivered by the court sitting in The Hague on Wednesday requires states to counter the harm caused by their carbon emissions regardless of where the harm takes place.
In setting out countries’ obligations to tackle climate change, it ruled that intergenerational equity should guide interpretation of all climate obligations. The non-binding opinion runs to more than 500 pages and is seen as a potential turning point in international climate law.
Breaching climate obligations is a wrongful act under international law, it found, while industrialised countries, notably in the western world, have an obligation to take the lead in combating climate change.
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Enshrining a sustainable environment as a human right paves the way for other legal actions, including states returning to the ICJ to hold each other to account, as well as domestic lawsuits.
“The consequences of climate change are severe and far-reaching: they affect both natural ecosystems and human populations. These consequences underscore the urgent and existential threat posed by climate change,” said the ICJ president Yuji Iwasawa.
The ICJ was instructed to rule on the issue by the United Nations in 2023, after years of campaigning by a group of law students in Pacific islands and diplomacy led by Vanuatu.
During two weeks of hearings last December, representatives of vulnerable states told 15 judges a handful of countries – the world’s largest greenhouse gas (GHG) emitters – should be held legally responsible for the continuing impacts of climate change. Major carbon emitters denied any legal responsibility beyond the 2015 Paris agreement on climate change.
“This is the start of a new era of climate accountability at a global level,” said Danilo Garrido, legal counsel at Greenpeace International.
“The ICJ advisory opinion marks a turning point for climate justice, as it has clarified, once and for all, the international climate obligations of states, and most importantly, the consequences for breaches of these obligations,” he added.
“The message of the court is clear: the production, consumption and granting of licences and subsidies for fossil fuels could be breaches of international law.”
The decision also clarifies that breaches of climate obligations give rise to full reparations: including stopping harmful actions and giving financial compensation for any related losses and damages.
“These can include compensation for climate harm and even the need for an immediate cessation of GHG emissions above a science-based safety threshold. Most significantly, the court made important findings that will ensure climate justice for future generations in the most climate-impacted communities, offering a historic level of protection,” Mr Garrido said.
Christian Aid Ireland’s policy and advocacy officer Ross Fitzpatrick said the ruling is “a global wake-up call”.
“For the first time, the UN’s highest court has clarified that all states have clear obligations under international law to address the climate crisis. [It] has made it unequivocally clear that those most responsible for causing the climate crisis are legally bound to take action, can be held accountable for inaction and may be required to provide reparations to those most affected,” he added.
Director of the think tank Power Shift Africa Mohamed Adow, said: “This ruling is a rocket boost for climate justice. The ICJ has confirmed what Africa has long demanded: that rich nations must be held accountable for the damage their emissions have caused.
“For a continent like Africa – least responsible but most affected – this decision is a lifeline. It strengthens our call for reparations, debt relief and real climate finance – not loans that deepen poverty,” he added. – Additional reporting Reuters
