ICJ hearings end with focus on climate crisis accountability debates

Global Climate Accountability Debated at International Court of Justice

The International Court of Justice (ICJ) recently concluded hearings that saw more than 100 nations and international organizations address the pressing issue of climate change responsibility. Over the span of two weeks, countries presented their arguments regarding who should be held legally accountable for the escalating climate crisis.

Leading this initiative was the Pacific island nation of Vanuatu, which claims that its survival is threatened by climate change. “It is with a profound sense of urgency and responsibility that I stand before you today,” declared Ralph Regenvanu, Vanuatu’s special envoy for climate change and environment, as he initiated the hearings on December 2.

Regenvanu emphasized the far-reaching implications of the proceedings, stating, “The outcome of these proceedings will reverberate across generations, determining the fate of nations like mine and the future of our planet.”

Throughout the hearings, numerous countries echoed similar concerns, while some major fossil fuel-producing nations contended that polluters should not be held liable for climate change.

According to Sebastien Duyck, a senior lawyer with the Center for International Environmental Law (CIEL), the countries opposing legal liability were in the minority. “Major polluters, including the United States, United Kingdom, Russia, China, Germany, Saudi Arabia, Canada, Australia, Norway, and Kuwait, found themselves isolated in their attempts to play the legal system to serve their self-interests and insulate themselves from accountability,” Duyck remarked in a statement.

Now, the ICJ’s 15 judges must deliberate on two pivotal questions: what obligations do countries have under international law to protect the climate from human-induced greenhouse gas emissions, and what legal repercussions should governments face when their actions, or inactions, significantly damage the climate and environment?

The State of Palestine was among those delivering oral statements, aligning with other developing nations in urging that international law “take centre stage in protecting humanity from the dangerous path of human-made destruction resulting from climate change”. Palestinian ambassador Ammar Hijazi highlighted the detrimental climate effects of Israel’s occupation, stating, “There can be no doubt that the ongoing illegal Israeli belligerent occupation of Palestine and its discriminatory policies have clear negative climate effects.”

East Timor, or Timor-Leste, also voiced support for Vanuatu’s case. Elizabeth Exposto, chief of staff to Timor-Leste’s prime minister, pointed to the historical and ongoing actions of industrialized nations as the root of the climate crisis. “These nations, representing only a fraction of the global population, are overwhelmingly responsible for the climate crisis,” she asserted, “and yet, the impacts of climate change do not respect borders.”

This judicial initiative follows a decision by 132 countries at the United Nations General Assembly in March 2023 to endorse Vanuatu’s call for the ICJ to provide an advisory opinion on the legal duties of nations to shield current and future generations from climate change.

The move towards judicial action reflects growing frustration among some governments with the slow pace of UN climate negotiations, where consensus is required. The most recent COP29 summit in Baku, Azerbaijan, saw wealthy nations commit to contributing $300 billion annually by 2035 to aid poorer countries in combating climate change effects. However, the Climate Action Network International, a coalition of 1,900 civil society groups across more than 130 countries, criticized the agreement as insufficient compared to the escalating costs faced by developing nations.

Regenvanu criticized the lack of progress at the COP summit, stating, “It is unconscionable that the COP failed to reach any agreement on cutting emissions.” He emphasized the urgent need for a collective response to climate change grounded in international law rather than political convenience.

WATCH LIVE: Vanuatu and the Melanesian Spearhead Group (jointly), South Africa, Albania and Germany open
the public hearings in the advisory proceedings on Obligations of States in respect of Climate Changehttps://t.co/qGazks5diA

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