The International Court of Justice (ICJ), the United Nations’ primary judicial body, has initiated hearings to examine the legal obligations of states concerning climate change. These oral proceedings, which began on Monday, December 2, 2024, at The Hague’s Peace Palace, are scheduled to continue until Friday, December 13, 2024. The ICJ hearings are the result of a request submitted in March 2023 for an advisory opinion prompted by the unanimous adoption of Resolution 77/276 by the UN General Assembly, seeking guidance on the obligations of States to protect the climate system for the benefit of present and future generations.
The key issues being raised are the legal implications of acts and omissions that have caused harm to the climate system and the international community’s responsibilities toward vulnerable small island developing states. The request, largely advocated by the island nation of Vanuatu, reflects an increasing push by countries disproportionately affected by climate change to hold larger, high-emission countries accountable. Notably, this initiative was undertaken with significant backing from nations including Costa Rica, Sierra Leone, and Germany.
During these proceedings, greater international involvement has been observed than usual; with 91 written submissions and 62 follow-up comments received, and 98 states plus 12 international organizations participating in the hearings. These instances reflect a growing global consensus on climate change’s urgency. Although the ICJ’s advisory opinions are inherently non-binding, they stand as authoritative assertions of international law that could influence future legal frameworks and climate-related disputes. The court’s advisory opinion is anticipated by 2025.
It should be highlighted that this is not the ICJ’s first engagement with climate-related legal responsibilities. In an earlier case this year, the International Tribunal for the Law of the Sea provided an advisory opinion urging countries to reduce greenhouse gas emissions to avert marine pollution. Moreover, the Inter-American Court of Human Rights also engaged in assessments related to climate change and state responsibilities, reflecting widespread international interest in these significant legal questions.
These proceedings make it clear that as the legal landscape surrounding climate change evolves, courts worldwide are being increasingly called upon to provide clarity on state obligations in the battle against climate change. For more details on the ICJ hearings, visit JURIST’s comprehensive coverage.