ICJ ruling recognises climate change as existential threat, paves way for future litigation

The court declared that historically emitting nations have to cut emissions and compensate vulnerable nations for the harm already caused

In a landmark development for climate justice, the International Court of Justice (ICJ) declared that climate change constitutes an urgent, existential threat. For the first time ever, it ruled that nations are legally bound to address the climate crisis.

The Court’s ruling said government and corporate actions driving climate change — including through fossil fuel production, consumption, as well as providing subsidies and licenses for fossil fuel exploration and production — can be deemed as illegal. Furthermore, states are obliged to cut their emissions and compensate vulnerable nations for the harm they have caused.

This was unanimously adopted by all 15 judges, and sheds clarity on the responsibilities of individual nations regarding their carbon footprint. This ruling also paves the way for a wave of climate litigation worldwide. 

The advisory opinion is grounded in binding international law and reshapes the legal landscape for governments, corporations, investors, and other stakeholders.

Strengthening environmental justice

Following the ICJ ruling, courts across the globe are likely to reference it in any upcoming cases related to climate damages. It also lends strength to legal arguments in climate lawsuits, primarily against fossil fuel companies.

According to the ruling, international law requires more than voluntary action, and reaffirms the primacy of climate science. 

“This landmark decision unequivocally imposes robust obligations on states to compel fossil fuel producers to drastic and immediate action, holding them categorically responsible for the damage they’ve unleashed. This mandates a fundamental shift, where states must rigorously regulate, constrain, and ultimately dismantle the fossil fuel industry’s capacity to inflict further harm,” said Harjeet Singh, founding director of Satat Sampada Climate Foundation.

“The Court’s findings pave the way for full reparations, meaning polluters must not only cease their harmful actions but also provide financial compensation for losses and damages incurred. This includes compensation for climate harm and, critically, an immediate cessation of greenhouse gas emissions above science-based safety thresholds,” he added.

Enduring campaign

The ICJ’s advisory opinion is the culmination of a 6-year-old campaign started in 2019 by law students from the University of the South Pacific. Working with the Government of Vanuatu, Pacific Island Students Fighting Climate Change (PISFCC) and World’s Youth for Climate Justice (WYCJ) helped secure a unanimous vote at the United Nations to request the opinion, with support from more than 1,500 organisations.

“Today the world’s smallest countries have made history. The ICJ’s decision brings us closer to a world where governments can no longer turn a blind eye to their legal responsibilities. It affirms a simple truth of climate justice: those who did the least to fuel this crisis deserve protection, reparations, and a future. This ruling is a lifeline for Pacific communities on the frontline,” said Vishal Prasad, Director, PISFCC.

One of the major wins following the ruling is that the 1.5°C obligation is legally binding, based on the Paris Agreement. Also, for island nations whose territorial sovereignty is also threatened by sea-level rise, the ruling affirmed that sea-level rise cannot invalidate existing maritime baselines and entitlements.

“I welcome that the International Court of Justice has issued its historic advisory opinion. They made clear that all States are obligated under international law to protect the global climate system. This is a victory for our planet, for climate justice, and for the power of young people to make a difference. Young Pacific Islanders initiated this call for humanity to the world. And the world must respond.  As the ICJ has laid out today, the 1.5 degree goal of the Paris Agreement must be the basis of all climate policies, under the current climate change treaty regime,” said United Nations Secretary General Antonio Guterres.

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