In a landmark decision, the International Court of Justice (ICJ), the main judicial arm of the United Nations, has ruled that countries were obligated under international law to take actions to reduce the emissions of greenhouse gases, and the failure to do so would constitute an “internationally wrongful act”.
The court, based in The Hague, said countries which do not fulfil their climate obligations could be held liable to pay compensations to other countries, particularly the small island nations, which bear the brunt of climate disasters.
The ICJ ruling came in a case that arose out of a request from the UN General Assembly that sought its “advisory opinion” on the obligations of countries on climate change under existing international laws, and the legal consequences of those obligations.
The court, in a unanimous ruling, said that countries that were party to the UN Framework Convention on Climate Change (UNFCCC) and the 2015 Paris Agreement had an obligation to adopt measures that were aimed at reducing greenhouse gas emissions, and adapting to climate change. It said that the rich countries had an additional obligation to take the lead on climate actions.
The court examined the responsibilities of the countries under a wider set of environmental laws that have a bearing on the climate system.
These include the UN Convention on the Laws of the Seas, the Montreal Protocol for protecting Ozone, the Convention on Biodiversity and the Convention to Combat Desertification.
The ruling, though only advisory in nature, was hailed by climate activists worldwide. “The ICJ’s historic Advisory Opinion marks a watershed moment in the fight for climate justice. It’s a resounding declaration that the era of impunity for polluters and complicit states is over,” said Harjeet Singh, climate activist and founding director of Satat Sampada Climate Foundation.
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The ICJ ruling is not binding on the countries, but sets an important precedent for the thousands of climate lawsuits that have been filed in recent years across the world, seeking accountability from governments and corporates.
