• The International Court of Justice (ICJ) in The Hague, Netherlands, issued its advisory opinion on the obligations of States in respect of climate change on July 23.

• The UN’s principal judicial body ruled that States have an obligation to protect the environment from greenhouse gas (GHG) emissions and act with due diligence and cooperation to fulfill this obligation.  

• This includes the obligation under the Paris Agreement on climate change to limit global warming to 1.5°C above pre-industrial levels.  

• The court’s advisory opinion on climate change paves the way for a wave of climate litigation worldwide.

• Failure of a State to take appropriate action to protect the climate system from greenhouse gas emissions may constitute an internationally wrongful act which is attributable to that State.

• If States breach these obligations, they incur legal responsibility and may be required to cease the wrongful conduct, offer guarantees of non-repetition and make full reparation depending on the circumstances. 

• Failure by countries to meet their climate obligations could, in specific cases, lead other states affected by climate change to litigate.

• Even though advisory opinions are not binding, they carry significant legal and moral authority and help clarify and develop international law by defining States’ legal obligations.

• Courts worldwide are likely to cite the opinion in ongoing and future cases, particularly those targeting governments and fossil fuel companies for inaction.

Case background

• In September 2021, the Pacific Island State of Vanuatu announced that it would seek an advisory opinion from the ICJ on climate change. 

• This initiative was inspired by the youth group Pacific Island Students Fighting Climate Change, which underscored the need to act to address climate change, particularly in small island States.

On March 29, 2023, the UN General Assembly adopted a resolution requesting an advisory opinion from the ICJ on two questions: 

1) What are the obligations of States under international law to ensure the protection of the environment?

2) What are the legal consequences for States under these obligations when they cause harm to the environment?

• The UN Charter allows the General Assembly or the Security Council to request the ICJ to provide an advisory opinion. 

• The ICJ gave its opinion following months of deliberations, and the public hearing of statements from States and international organisations.

• During the written phase of the proceedings, 91 written statements and 62 written comments were filed in the Registry by States and international organisations. 

• The Court held public hearings in the proceedings from December 2 to 13, 2024, during which 96 States and 11 international organisations presented oral statements. 

• This is the highest level of participation in a proceeding in the history of ICJ. 

The International Court of Justice

• The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

• It is informally known as the “World Court”.

• It was established by the United Nations Charter in June 1945.

• The first members of the ICJ were elected on February 6, 1946, at the first session of the UN General Assembly. The Court held its inaugural sitting at the iconic Peace Palace in The Hague, on  April 18, 1946.

• The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. 

• The seat of the Court is at the Peace Palace in The Hague (Netherlands).

• Of the six principal organs of the United Nations, it is the only one not located in New York, USA. 

The Court has a twofold role:

1) To settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States.

2) To give advisory opinions on legal questions referred to it by duly authorised United Nations organs and agencies of the system.

• The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

• The Court can only hear a dispute when requested to do so by one or more States. It cannot deal with a dispute on its own initiative. Neither is it permitted, under its Statute, to investigate and rule on acts of sovereign States as it chooses.

• States which are not members of the United Nations may become parties to the Statute of the Court on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Composition of the Court

• The ICJ comprises 15 judges, who are each elected to a nine-year term of office and may be re-elected. 

• In order to ensure a measure of continuity in the composition of the Court, one third of the membership is renewed every three years. 

• Judges must be elected from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognised competence in international law.

• The Court may not include more than one national of the same State. Moreover, the Court as a whole must represent the main forms of civilisation and the principal legal systems of the world.

• Once elected, a member of the Court is a delegate neither of the government of his own country nor of that of any other State. 

• Unlike most other organs of international organisations, the Court is not composed of representatives of governments. Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.

• Members of the Court are elected by the General Assembly and by the Security Council through parallel procedures. 

• Both organs vote at the same time but independently of one another. 

• This system is intended to ensure, as far as possible, that the vote in one organ does not influence the vote in the other. 

• In order to be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council. 

• Currently, 97 votes out of 193 constitute an absolute majority in the General Assembly. 

• In the Security Council, where no right of veto applies for the purpose of the election and no distinction is made between the votes of the permanent and non-permanent members of the Council, eight votes out of 15 constitute an absolute majority.

How is ICJ different from ICC?

• The International Criminal Court (ICC) is an independent judicial body with jurisdiction over persons charged with genocide, crimes against humanity and war crimes.

• The ICC is not part of the UN.

• Situated in The Hague, Netherlands, the ICC is governed by the Rome Statute adopted by the UN in 1998. It entered into force in 2002 upon ratification by 60 States. 

• The ICC is established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community. 

• International Court of Justice (ICJ) is the principal judicial organ of the United Nations for the settlement of disputes between States.

• The ICJ has no jurisdiction to try individuals accused of war crimes or crimes against humanity.

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