Jakarta — The International Court of Justice (ICJ) unanimously delivered its long-anticipated Advisory Opinion on the legal responsibilities of states in addressing climate change, on Wednesday, July 23.
The Court held that where States breach their extensive obligations under international law, they will be liable to provide restitution, compensation or satisfaction to States harmed by climate change. “The legal consequences resulting from the commission of an internationally wrongful act may include the obligations of: (a) cessation of the wrongful actions or omissions, if they are continuing; (b) providing assurances and guarantees of non-repetition of wrongful actions or omissions, if circumstances so require; and (c) full reparation to injured States in the form of restitution, compensation and satisfaction, provided that the general conditions of the law of State responsibility are met, including that a sufficiently direct and certain causal nexus can be shown between the wrongful act and injury.
The ICJ affirmed that multiple international treaties, including the UN Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement, impose legally binding obligations on states. Including among others: mitigation and adaptation measures to address climate change; preparation and implementation of nationally determined contributions (NDCs).
The Court clarified that under international law, states must act with “due diligence and to use all means at their disposal to prevent activities carried out within their jurisdiction or control from causing significant harm to the climate system and other parts of the environment, in accordance with their common but differentiated responsibilities and respective capabilities”.
The opinion responds to a request from the United Nations General Assembly, which asked the Court to clarify the international legal obligations of states in preventing climate harm and the legal consequences for those that fail to meet them.
Among the ground-breaking decisions, the Court held that the 1.5°C temperature target is legally binding under the Paris Agreement and international law. “States parties to the Paris Agreement have an obligation to prepare, communicate and maintain successive and progressive nationally determined contributions which, inter alia, when taken together, are capable of achieving the temperature goal of limiting global warming to 1.5°C above pre-industrial levels,” the Court said in a press release.
The Court’s decision revolves around two central questions: states’ obligations under international law to protect the climate system and the environment from anthropogenic greenhouse gas emissions, and the legal consequences that arise for states whose actions or omissions cause significant climate-related harm, particularly to vulnerable nations and future generations.
Beyond treaty obligations, the Court affirmed that states are bound by customary international law to prevent significant transboundary harm and to cooperate in good faith to address climate change.
Crucially, the ICJ confirmed that these climate obligations are erga omnes, meaning they are owed to the international community as a whole, allowing all states to hold others accountable. While advisory in nature, the Court’s unanimous opinion carries significant weight and is expected to shape future climate litigation, diplomacy, and legal norms. (nsh)
Banner photo: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ. All rights reserved.
