ICJ Declares Climate-Harming Actions Illegal, Holds Countries Accountable for Emissions

The International Court of Justice (ICJ), in The Hague, Netherlands passed a ruling on July 23 stating that government actions driving climate change are illegal and countries should be held legally responsible for their emissions. It also declared that climate change constitutes an “urgent, existential threat” and that countries have binding legal obligations to address it.

“The climate change treaties set forth binding obligations for states [countries] parties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions,” the court stated.

The first-ever advisory opinion on climate change has been unanimously adopted by all 15 judges, as requested by the Secretary-General of the United Nations through a letter dated April 12, 2023. The court’s advisory opinions provide clarity on legal impact and moral authority under international law and call the climate litigation “a landmark one”.

The UN decision, to refer the matter to the ICJ, was driven by a demand from Pacific youth and island nations supported by a coalition of civil society, indigenous peoples and countries.

“The questions posed by the General Assembly represent more than a legal problem: they concern an existential problem of planetary proportions that imperils all forms of life and the very health of our planet,” the Court expressed.

“Through this Opinion, the Court participates in the activities of the United Nations and the international community represented in that body, with the hope that its conclusions will allow the law to inform and guide social and political action to address the ongoing climate crisis,” the Court concluded.

According to Down to Earth, most climate experts underscored that the latest order would play a key role in the upcoming COP30 negotiations to be held at Belem, Brazil. The ruling is also expected to revive global climate talks, which have slowed down due to global conflicts and US president Donald Trump’s strong anti-climate change rhetoric.

Experts told Down to Earth that it could strengthen the position of climate vulnerable countries including India and South Asian neighbours, who have been among the biggest sufferers of climatic impacts over the decades.

Billions at Climate Risk

According to the United Nations Environment Programme’s Adaptation Gap Report 2023, developing countries could face climate-related losses between the range $215 billion to $387 billion per year by 2030 if adaptation efforts are not significantly scaled up.

The ICJ’s opinion reinforces global calls for climate justice, urging high-emitting nations to act responsibly and support vulnerable countries facing disproportionate climate impacts.