ICJ opinion in landmark climate change case expected in 2025
Arguments in the landmark legal proceedings that could clarify what responsibilities countries have in fighting climate change and the consequences they could face for failing to do so concluded on Friday.
The International Court of Justice (ICJ) in The Hague will now begin with its deliberation, and its advisory opinion will be delivered at a public sitting, the date of which will be announced in due course.
Almost 100 states, including Namibia and 12 international organisations, have taken part in the historic proceedings, which included written briefs and submissions over many months and oral arguments that took place over two weeks in December.
The International Union for Conservation of Nature (IUCN) was one of the last organisations to provide its arguments on Friday.
Legal experts with the IUCN argued that states have binding legal obligations to protect the climate system.
It said that these obligations are found in global climate change treaties, but also in other treaties, such as those on human rights, biodiversity and the Law of the Sea, as well as in customary international law.
States should be held accountable if they breach any of these obligations.
Weighty subject
In 2023, the UN General Assembly asked the ICJ – the UN’s highest judicial body, known as the World Court – to issue an advisory opinion on the legal responsibilities governments have to protect the environment and address climate change, marking the first time the court has dealt with the issue.
IUCN said its participation in the case is notable because, as a union, it represents both state and non-state members, underscoring its unique position as a bridge between governments and civil society.
It also draws upon the extensive legal and scientific knowledge from its more than 17 000 experts in 170 countries, especially those of the IUCN World Commission on Environmental Law, adding significant weight to its arguments to the court.
During the oral proceedings in The Hague, IUCN director general Dr Grethel Aguilar Rojas said the advisory opinion is pivotal in clarifying international law, shaping future climate action, and addressing the global climate crisis in a manner that is equitable, effective and enforceable.
“[The court’s] opinion matters to those that are most vulnerable to the impacts of climate change, be it states that are fighting to protect their peoples and territories, vulnerable communities, indigenous peoples, migrants, women, and children – and of course the natural world. Your opinion will send a powerful message to states and other actors responsible for greenhouse gas emissions, emphasising the urgent need for deep, rapid, and sustained reductions aligned with 1.5°C pathways,” she argued.
Powerful call
The IUCN said under the Paris Agreement, states have several obligations, including submitting and adhering to nationally determined contributions – individual country-level goals – to help meet the goal of holding warming to 1.5 degrees Celsius.
They are also obligated under customary international law not to harm the environment of other states.
The ICJ is set to deliver its advisory opinion in 2025.
Though not legally binding, it will carry significant weight, sending a powerful call for stronger accountability, enhanced cooperation, and a shared commitment to building a sustainable future.
The International Court of Justice (ICJ) in The Hague will now begin with its deliberation, and its advisory opinion will be delivered at a public sitting, the date of which will be announced in due course.
Almost 100 states, including Namibia and 12 international organisations, have taken part in the historic proceedings, which included written briefs and submissions over many months and oral arguments that took place over two weeks in December.
The International Union for Conservation of Nature (IUCN) was one of the last organisations to provide its arguments on Friday.
Legal experts with the IUCN argued that states have binding legal obligations to protect the climate system.
It said that these obligations are found in global climate change treaties, but also in other treaties, such as those on human rights, biodiversity and the Law of the Sea, as well as in customary international law.
States should be held accountable if they breach any of these obligations.
Weighty subject
In 2023, the UN General Assembly asked the ICJ – the UN’s highest judicial body, known as the World Court – to issue an advisory opinion on the legal responsibilities governments have to protect the environment and address climate change, marking the first time the court has dealt with the issue.
IUCN said its participation in the case is notable because, as a union, it represents both state and non-state members, underscoring its unique position as a bridge between governments and civil society.
It also draws upon the extensive legal and scientific knowledge from its more than 17 000 experts in 170 countries, especially those of the IUCN World Commission on Environmental Law, adding significant weight to its arguments to the court.
During the oral proceedings in The Hague, IUCN director general Dr Grethel Aguilar Rojas said the advisory opinion is pivotal in clarifying international law, shaping future climate action, and addressing the global climate crisis in a manner that is equitable, effective and enforceable.
“[The court’s] opinion matters to those that are most vulnerable to the impacts of climate change, be it states that are fighting to protect their peoples and territories, vulnerable communities, indigenous peoples, migrants, women, and children – and of course the natural world. Your opinion will send a powerful message to states and other actors responsible for greenhouse gas emissions, emphasising the urgent need for deep, rapid, and sustained reductions aligned with 1.5°C pathways,” she argued.
Powerful call
The IUCN said under the Paris Agreement, states have several obligations, including submitting and adhering to nationally determined contributions – individual country-level goals – to help meet the goal of holding warming to 1.5 degrees Celsius.
They are also obligated under customary international law not to harm the environment of other states.
The ICJ is set to deliver its advisory opinion in 2025.
Though not legally binding, it will carry significant weight, sending a powerful call for stronger accountability, enhanced cooperation, and a shared commitment to building a sustainable future.
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