World Court Declares Climate Protection a Legal Duty

The Hague, July 23, 2025 – In a historic ruling, the International Court of Justice (ICJ) declared that all countries have a legal obligation under international law to combat climate change by reducing greenhouse gas (GHG) emissions and protecting the environment. The advisory opinion, delivered by Court President Judge Yuji Iwasawa, reinforces global efforts to hold states accountable for environmental harm.

 

The decision marks the ICJ’s first opinion on climate issues and comes in response to a request initiated by the Pacific Island nation of Vanuatu, backed by a youth-led movement and more than 90 countries. Though nonbinding, the opinion carries significant legal and moral weight, laying the groundwork for future climate litigation across the globe.

 

Climate Action as a Legal Responsibility

The ICJ made it clear: countries must not only honor existing environmental treaties like the Paris Agreement but also act with due diligence and cooperate to prevent environmental harm. Failing to do so, the Court said, may amount to an “internationally wrongful act,” triggering legal consequences such as reparations, cessation of harmful practices, and guarantees of non-repetition.

 

Crucially, the Court emphasized that states cannot escape responsibility by blaming emissions on private actors. Issuing fossil fuel licenses or providing subsidies, if leading to environmental harm, could also qualify as wrongful conduct under international law.

 

Climate Change and Human Rights

The ruling also drew a strong link between climate change and human rights. By referencing core treaties such as the Universal Declaration of Human Rights, the Court said a clean, healthy, and sustainable environment is essential to enjoying fundamental rights. This framing reinforces the idea that environmental degradation isn’t just an ecological issue, but a threat to life, health, housing, and more.

 

Small Islands, Big Impact

Vanuatu’s campaign for the advisory opinion was inspired by a group of South Pacific students who initially raised the idea in 2019. After years of lobbying and diplomatic outreach, Vanuatu successfully led the UN General Assembly to ask the ICJ two questions: What are the legal obligations of states concerning climate change, and what are the consequences for failing those obligations?

 

“This is not just a legal question. It is a matter of survival,” said Antigua and Barbuda’s Prime Minister Gaston Browne, who also supported the initiative.

 

Vishal Prasad, director of the Pacific Islands Students Fighting Climate Change group, called the decision “a milestone,” adding that “the world’s smallest countries have made history.”

 

Divided Responses and Rising Pressure

The advisory proceedings saw sharp divides. While countries like the United States, China, and Saudi Arabia defended the current system of climate negotiations, many smaller nations argued that this system had failed to protect them from rising seas, stronger storms, and spiraling debt from climate-related damages.

 

The ICJ opinion, while symbolic in legal terms, adds global pressure. Courts in other countries can now cite the opinion in national climate litigation. Activists, too, are expected to use the ruling to push governments and corporations to meet climate pledges.

 

UN Secretary-General António Guterres welcomed the decision, calling it “a victory for our planet, for climate justice, and for the power of young people to make a difference.”

 

A Turning Point Amid Political Backlash

The Court’s opinion lands at a politically charged moment. Wealthy nations, including the U.S. under its current administration, have walked back green policies and expanded fossil fuel drilling. Meanwhile, the world is set to exceed the 1.5°C global warming limit outlined in the Paris Agreement.

 

Despite promises of $300 billion in climate aid annually by 2035, developing countries continue to face massive recovery costs from climate disasters—costs often financed through debt.

 

Judge Iwasawa noted the scale of the challenge, warning that international law, while important, cannot substitute for the political will needed to fight climate change.

 

Still, for climate-vulnerable nations and advocates, the ICJ’s words offer validation and hope.

 

“This opinion may not stop emissions overnight,” said Vanuatu’s Climate Minister Ralph Regenvanu, “but it changes the legal and moral landscape forever.”

 

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