ICJ Rules States Accountable for Climate Harm, Setting Landmark Legal Precedent

ICJ Rules States Accountable for Climate Harm, Setting Landmark Legal Precedent
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The International Court of Justice (ICJ) on Thursday delivered a historic ruling holding states accountable for climate change-related harm, Anadolu Agency reported. This marks the first time the world’s highest court has explicitly addressed states’ legal obligations concerning climate change.
The case, initiated by Vanuatu—a Pacific island nation threatened by rising sea levels—resulted in the ICJ affirming that states must protect the environment from greenhouse gas emissions through due diligence and international cooperation. The court underscored that Annex I states under the UN Framework Convention on Climate Change bear additional responsibilities to lead emission reductions and enhance carbon sinks.
Christina Voigt, a law professor at the University of Oslo, highlighted the ruling’s significance in clarifying states’ duties under international treaties and customary law, ensuring more effective climate action. The court also emphasized compliance with the Kyoto Protocol and the Paris Agreement’s temperature targets.
The advisory opinion referenced multiple treaties, including those addressing ozone depletion, biodiversity, and desertification—issues critical to drought-affected African countries. The court integrated human rights law, the law of the sea, and customary international law, reinforcing states’ duty to exercise strict due diligence.
Jorge Vinuales of Cambridge University noted the court’s siding with the Global South and small island states, expanding liability beyond emissions to fossil fuel production and subsidies. Experts agree this ruling will profoundly influence future climate litigation and global climate justice efforts.