By: Sierra Radley
Journal of Global Rights and Organizations, Associate Articles Editor
THE HAGUE, Netherlands – On March 29, 2023, the U.N. General Assembly adopted a resolution requiring the International Court of Justice (ICJ) to issue an advisory opinion on “the obligations of States in respect to climate change.” The ICJ held public hearings for this opinion from December 2 to December 13.
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96 countries and 11 international organizations participated in the hearings, including Germany, the United Kingdom, Canada, Saudi Arabia, the World Health Organization, and the European Union. 90 countries sent written testimony into the ICJ. This case is the largest in ICJ history.
Climate change activists behind this case emphasized that climate change threatens the human rights of people around the world. The nation of Vanuatu, a collection of islands in the South Pacific Ocean, led the movement for the ICJ to consider this case. Vanuatu is increasingly susceptible to the impacts of climate change because of sea-level rise in the Pacific Ocean. Vanuatu’s lawyers believe that many of its citizens will die because of rising sea waters and want those who are responsible to be held accountable for the rise in sea level.
Various courts have recently considered the link between human rights and climate change. In 2024, the European Court of Human Rights held that Switzerland violated its citizens’ human rights by failing to decrease greenhouse gas emissions. In 2019, the Dutch Supreme Court held that human rights are affected by climate change and the government must protect its citizens’ human rights through climate-friendly actions. These decisions acknowledged that human rights are affected by climate change. This link between human rights and climate change is likely to be discussed in the ICJ’s opinion.
This is not the first request for an advisory opinion on climate change from the ICJ. Palau and the Marshall Islands tried to request an opinion around 10 years ago. However, that attempt failed because of political resistance.
This ICJ opinion has not been released yet, but is expected in 2025. Even though this opinion is not binding, it could further the link between human rights and climate change, and serve as a reference for future climate litigation. Many courts use the ICJ’s rulings as guidance, and this decision could lead to increased climate litigation.
For further information please see:
The Guardian – Handful of countries responsible for climate crisis, top court told – 2 Dec. 2024
ICJ – Conclusion of the Public Hearings Held from December 2 to December 13, 2024 – 13 Dec. 2024
The New Yorker – The International Court of Justice Takes on Climate Change – 14 Dec. 2024
The New York Times – What to Know About a Landmark Court Case – 5 Dec. 2024
