The International Court of Justice (ICJ), the top UN court, commenced its largest-ever case on Monday, hearing the pleas of several small island nations facing existential threats from climate change, The Associated Press reports.
These nations are demanding accountability from major polluting countries for the devastating impacts of global warming.
The case, spurred by years of lobbying from island states fearing inundation by rising sea levels, follows a request from the UN General Assembly for the ICJ to provide an advisory opinion on the legal obligations of states regarding climate change. While any decision will be non-binding, it’s expected to carry significant weight, potentially forming the basis for future legal actions, including domestic lawsuits.
The urgency is undeniable. Sea levels have risen globally by an average of 4.3 centimeters (1.7 inches) in the decade leading up to 2023, with some Pacific regions experiencing even greater increases. The world has also warmed 1.3 degrees Celsius (2.3 Fahrenheit) since pre-industrial times, primarily due to fossil fuel combustion.
Vanuatu, leading the charge for international legal intervention, alongside many other South Pacific island nations, highlighted the disproportionate impact of climate change. Vanuatu’s climate change envoy, Ralph Regenvanu, told the court that greenhouse gas emissions have increased by over 50% since 1990, reaching record highs in 2023, with a small number of states responsible for the vast majority of emissions.
The ICJ will hear arguments from 99 countries and over a dozen intergovernmental organizations over two weeks – the largest assembly in the court’s nearly 80-year history. Joie Chowdhury, senior attorney at the Center for International Environmental Law, argued that the actions of major polluters are unlawful under various sources of international law.
The case comes on the heels of last month’s UN climate summit, where an agreement was reached on how wealthier nations can support poorer countries facing climate disasters. While rich countries pledged at least $300 billion annually by 2035, this falls significantly short of the $1.3 trillion experts and vulnerable nations deem necessary.
Fifteen ICJ judges will consider two key questions: What are countries legally obligated to do to protect the climate and environment from human-caused greenhouse gas emissions? And what are the legal consequences for governments whose actions, or inaction, have significantly harmed the climate and environment? The second question specifically addresses the plight of small island developing states and future generations affected by climate change. The judges received a briefing on the scientific basis of rising global temperatures from the Intergovernmental Panel on Climate Change (IPCC) before the hearings began.
