Historic Climate Hearings Begin At World’s Highest Court On States’ Obligations In Relation To Climate Change

Today marks a significant milestone in the historic campaign to take climate change to the world’s highest court. The International Court of Justice (ICJ) will hold public hearings from today until December 13, 2024, on the Obligations of States with respect to climate change[1].

States and intergovernmental organisations from all over the world will present their oral pleadings to the Court following written comments submitted to the Court earlier in the year. This moment holds the potential to strengthen the boundaries of international law. The ICJ’s advisory opinion will clarify the international legal obligations countries bear in safeguarding people from the impacts of climate change and what must be done in case they breach those obligations.

Shiva Gounden, Head of Pacific at Greenpeace Australia Pacific said, “What started in the Pacific is now a historic climate justice campaign, as the world’s most urgent problem of climate change reaches the world’s highest court. The next two weeks of hearings are the culmination of collective campaigning from 2019, powerful advocacy, and mobilising the world behind this landmark campaign, to ensure the human rights of current and future generations are protected from climate destruction, and the biggest emitters are held accountable. It is a pivotal moment that centres the voices of the most climate-impacted communities from across the world.

Coming together in The Hague, we have the opportunity to present before the Court the testimonies and resistance of frontline communities. Those who face rising sea levels, destructive storms and cyclones, crippling droughts, and other extreme weather disasters have and will result in loss of lives, livelihoods and cultural connections, and have a profound impact on the spirit of our communities. The Court will hear their demands for radical action and justice. Together, we will make as much noise outside to ensure that the stories of our communities echo loudly in the courtroom’s chambers. The ICJ judges have a once-in-a-lifetime opportunity to change the course of history; we urge them to make this moment count.”

Danilo Garrido, Legal Counsel at Greenpeace International said, “An advisory opinion from the ICJ on climate change is significant because it will not only clarify the international obligations of States, but most importantly what are the consequences for breaches of these obligations. These can include compensation for climate harm and even the need for an immediate cessation of GHG emissions above a science-based safety threshold.

In recent months, two decisions from the international courts -the International Tribunal on the Law of the Sea and the European Court of Human Rights– have made it clear that States have obligations in relation to climate change, both towards other States and towards their citizens. The Inter-American Court of Human Rights also recently held hearings on a request for an advisory opinion on the scope of state obligations for responding to the climate emergency. These opinions from international courts could also strengthen legal actions taken against governments for failing to mitigate climate change, especially in cases involving human rights and environmental protection, as well as open new legal avenues for Global South States to receive redress for the impacts of climate change, which they have often played a minimal role in creating.”

Today, a powerful and diverse assembly of people from around the globe gathered in front of the Peace Palace, uniting to demand climate justice. As the ICJ prepares to commence the hearings, this peaceful demonstration lays the groundwork for the critical discussions that will unfold over the next two weeks. These historic hearings are a huge win for the global climate justice movement, as they centre human rights, intergenerational equity and fairness between nations at the forefront of the legal questions the ICJ should answer.