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The International Court of Justice held this week that failing to protect the planet from global warming could be a violation of international law.
Of all the frustrations that go with watching the rise of the MAGA right here and around the world (and the rise of their billionaire and corporate allies), perhaps none tops the sense that they are never held accountable for anything—that on any given day U.S. President Donald Trump, and the minor Donald Trumps of the world, do things that at any other point in our lifetimes would have ended their political careers or landed them in jail. And… nothing. Some combination of utter brazenness, flooding the field with so many scandals that none stick, and the fear they induce in too many who might otherwise raise questions has let them get away with, well, murder. (And rape). But there’s some sense this week that that might not go on forever.
In the Middle East, for instance, Israel and America’s cruel decision to starve Gazans into submission is beginning to bring even the timid off the sidelines—as the pictures of protruding ribs flooded the news, France announced yesterday that it would recognize a Palestinian state, and it seems possible that Britain may follow suit as early as today.
And in America the Epstein case seems, at the least, to be making the White House sweat—they may well be able to cover up files, buy off witnesses like Ghislaine Maxwell, and shutter D.C. till things die down. But for once it’s not automatic—one senses that a few more Americans are seeing through to the ugly core.
Meanwhile, in the longest-running crime of all—the decades-old and ongoing effort by the oil industry, with massive amounts of government backup, to wreck the planet’s climate—there was an interesting new development. The International Court of Justice held this week that failing to protect the planet from global warming could be a violation of international law. As The Associated Press explained, judges in the Hague ruled that “countries could be in violation of international law if they fail to take measures to protect the planet from climate change, and nations harmed by its effects could be entitled to reparations”:
“Failure of a state to take appropriate action to protect the climate system... may constitute an internationally wrongful act,” court President Yuji Iwasawa said during the hearing. He called the climate crisis “an existential problem of planetary proportions that imperils all forms of life and the very health of our planet.”
The ruling came in a suit brought by the low-lying island state of Vanuatu, and backed by 130 other nations. As United Nations chief António Guterres said:
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.
It’s not clear what this means in the immediate future—there’s no way for the court to force, say, Exxon, or the United States, to pay reparations for the damage they’ve done. As the chief judge said, international courts can play “an important but ultimately limited role in resolving this problem.” But for those nations that still pay some attention to international opinion (which would be most nations except ours), the ruling will be one more spur to action—it will certainly heighten the rhetoric and the stakes at COP30, the next global climate talks which will be held (sans America) in Belem, Brazil in November.
And it’s not as if there’s no chance that this will eventually mean something. European-based oil companies, for instance—which often have some state ownership and control—may be more exposed. "The legal consequences resulting from the commission of an internationally wrongful act may include... full reparations to injured states in the form of restitution, compensation, and satisfaction," said ICJ President Yuji Iwasawa on behalf of the 15-judge panel.
At the moment the oil companies imagine themselves to be unshakable colossi, astride the world because they control Washington. But as so often, it is in the moment of greatest hubris that disaster looms. Here’s an ominous little note for them: Chinese data yesterday showed that Beijing has managed to essentially end all imports of oil and gas from America. That’s a big change—as Bloomberg notes: “Crude is the most heavily traded commodity in the world and China the biggest buyer. In June last year, its purchases from the U.S. were worth nearly $800 million.” But no more—remember, China is currently installing 100 solar panels a second, and more than half the cars it sells have a plug dangling out the back. They’re figuring out how to say buzz off to Big Oil.
So imagine, for a moment, a scene in 2029, when the balance of power has shifted in Washington—and when it’s become clear that we no longer really need fossil fuels to power the world. It’s not impossible to imagine that an America seeking to rejoin the world, and needing to make amends for the utter stupidity of the Trump years, might not see the oil industry as a useful sacrifice to offer the rest of the planet. “Restitution, compensation, satisfaction.” Justice delayed is justice denied, as the British Prime Minister William Gladstone correctly remarked. But to everything there is a season, as King Solomon also correctly remarked.
At any rate: we keep fighting. Next stop on our calendar is of course Sun Day, and in honor of the glory days of high summer here’s a particularly juicy version of the logo that popped up in the global gallery this week:

"Even as fossil fuel expansion continues under the U.S.' influence... major polluters—past and present—cannot continue to act with impunity and treat developing countries as sacrifice zones to further feed corporate greed."
Vanuatu's government on Wednesday hailed the landmark International Court of Justice advisory opinion that countries have a legal obligation to take cooperative action against the "urgent and existential threat" of human-caused planetary heating, while demanding an end to the impunity enjoyed by major polluters including the United States, which is leading an ecocidal fossil fuel expansion under President Donald Trump.
The ruling by the ICJ—a United Nations organ also known as the World Court—states that "climate change is a common concern" and "cooperation is not a matter of choice for states but a pressing need and a legal obligation."
Furthermore, the tribunal underscored that "nompliance with emission-reduction commitments by a state may constitute an internationally wrongful act," suggesting a legal mechanism for reparations for countries suffering loss and damage from climate harms caused by wealthier polluters.
Vanuatu Minister of Climate Change Adaptation, Meteorology and Geo-Hazards, Energy, Environment, and Disaster Management Ralph Regenvanu said in a statement that "the ICJ ruling marks an important milestone in the fight for climate justice."
"We now have a common foundation based on the rule of law, releasing us from the limitations of individual nations' political interests that have dominated climate action," he noted. "This moment will drive stronger action and accountability to protect our planet and peoples."
"The nations most responsible for emissions should be held accountable."
"Even as fossil fuel expansion continues under the U.S.' influence, along with the loss of climate finance and technology transfer, and the lack of climate ambition following the U.S.' withdrawal from the Paris agreement, major polluters—past and present—cannot continue to act with impunity and treat developing countries as sacrifice zones to further feed corporate greed," he continued.
"The Global South is bearing the brunt of a crisis it did not create," Regenvanu stressed. "Families are losing their homes, entire cultures are at risk of disappearing, and lives are being shattered by man-made climate disasters. The nations most responsible for emissions should be held accountable for any violations of legal obligations and they must also step up and lead in providing resources and support to aid those most affected."
"A victory in the world's highest court is just the beginning," he added. "Success will depend on what happens next through coordinated efforts across diplomacy, politics, litigation, and advocacy to turn this moment into a true turning point."
While some of the world's biggest polluters pursue fossil-fueled energy agendas, low-lying Pacific island nations including Fiji, the Solomon Islands, Tonga, Tuvalu, Vanuatu, and the self-governing New Zealand territory of Niue are working to draft a fossil fuel nonproliferation treaty (FFNPT). Such an accord would aim to end the expansion and phase out production of fossil fuels while ensuring a just transition to renewable energy. In 2023, California became the largest economy in the world to endorse a FFNPT.
Vanuatu was the first nation to endorse the FFNPT, having done so in 2022.
"Every day we are experiencing more debilitating consequences of the climate crisis," Vanuatu President Nikenike Vurobaravu said at the time. "Fundamental human rights are being violated, and we are measuring climate change not in degrees of Celsius or tons of carbon, but in human lives. This emergency is of our own making."
"For the first time, it feels like justice is not just a dream but a direction," said Flora Vano, an activist from Vanuatu.
The world's highest court said in a landmark advisory opinion handed down Wednesday that countries have a legal obligation to take cooperative action against the climate crisis, which the United Nations body characterized as an "urgent and existential threat."
Reading the ruling aloud during a closely watched hearing, International Court of Justice (ICJ) President Yuji Iwasawa said that "climate change is a common concern" and "cooperation is not a matter of choice for states but a pressing need and a legal obligation."
"Non-compliance with emission-reduction commitments by a state may constitute an internationally wrongful act," the advisory opinion states, opening the door to reparations for countries harmed by the fossil fuel-driven crisis.
The ICJ ruling, which is expected to bolster new and existing climate lawsuits worldwide, stemmed from a 2023 U.N. General Assembly resolution introduced by the low-lying nation of Vanuatu, which—along with more than 130 other governments—demanded that the world's highest court issue an opinion on nations' legal obligations to combat the climate emergency.
"Tonight I'll sleep easier," Flora Vano, country manager of ActionAid Vanuatu, said in a statement following Wednesday's decision. "For the first time, it feels like justice is not just a dream but a direction. The ICJ has recognized what we have lived through—our suffering, our resilience, and our right to our future. This is a victory not just for us but for every frontline community fighting to be heard. Now, the world must act."
"As the Trump administration takes extreme steps to prioritize corporate polluters over public health and the environment, the legal recklessness of doing so has been laid bare."
Danilo Garrido, legal counsel at Greenpeace International, hailed the advisory opinion as "the start of a new era of climate accountability at a global level."
"The ICJ advisory opinion marks a turning point for climate justice, as it has clarified, once and for all, the international climate obligations of states, and most importantly, the consequences for breaches of these obligations," said Garrido. "This will open the door for new cases, and hopefully bring justice to those who, despite having contributed the least to climate change, are already suffering its most severe consequences."
"The message of the court is clear: The production, consumption, and granting of licenses and subsidies for fossil fuels could be breaches of international law," Garrido added. "Polluters must stop emitting and must pay for the harms they have caused."
The ICJ opinion comes as the Trump administration in the U.S.—historically the world's largest emitter of planet-warming greenhouse gases—works to expand fossil fuel drilling, withdraws from cooperative global efforts to fight the climate crisis, and rolls back green energy investments.
The U.S. faced backlash over its position on the case before the ICJ, which was argued last December—when the Biden administration was in power. The Biden administration's representative was accused of arguing that "countries do not have clear legal obligations to reduce carbon pollution."
Delta Merner, a lead scientist with the Science Hub for Climate Litigation at the Union of Concerned Scientists, said that Wednesday's opinion from the ICJ "leaves no room for ambiguity—governments cannot ignore their legal responsibilities to prevent further climate harm."
"This ruling makes clear that obligations under existing international law are not voluntary or symbolic; they are enforceable duties rooted in science, human rights, and intergenerational equity," said Merner. "The court also affirmed that countries must rein in corporate polluters, and if they fail, they’re responsible for helping to fix the damage."
"As the Trump administration takes extreme steps to prioritize corporate polluters over public health and the environment, the legal recklessness of doing so has been laid bare by the new advisory opinion," Merner continued. "This decision heralds a new frontier in the movement for climate accountability."