UN court: States breaking climate obligations are legally accountable
Countries failing to act on climate commitments could be in breach of international law, according to the highest UN Court. The opinion is not legally binding but is regarded as a possible influence on climate processes worldwide.
The Hague & Amsterdam (AP/dpa) - Countries that violate climate commitments under international agreements could, under certain circumstances, be held legally accountable, according to a ruling by the highest UN court.
Countries that take no or insufficient measures to protect the planet from climate change are in breach of international law, the International Court of Justice (ICJ) in The Hague said in an official legal opinion.
Laying out its reasoning in the case, the court said in a press release that "the well-established rule of international law that the conduct of any organ of a State must be regarded as an act of that State is applicable in the context of climate change."
It went on: "Failure of a State to take appropriate action to protect the climate system from greenhouse gas emissions - including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies - may constitute an internationally wrongful act which is attributable to that State."
Breaching climate obligations could "give rise to the entire panoply of legal consequences," the court said.
"The Court is of the view that a clean, healthy and sustainable environment is a precondition for the enjoyment of many human rights," it said in its summary opinion.
The legal opinion is not binding but could, according to experts, influence climate processes worldwide.
During the proceedings, representatives from 98 states and 12 organizations presented their arguments to the 15 judges at the court in The Hague.
Legal opinion commissioned by UN General Assembly
The initiative for the case before the ICJ was taken by Vanuatu, a South Pacific island nation facing existential threats from rising sea levels caused by global warming.
Ralph Regenvanu, Vanuatu’s minister for climate change, called the ruling a "very important course correction in this critically important time. For the first time in history, the ICJ has spoken directly about the biggest threat facing humanity.”
For island states, it is a matter of survival, representatives of the Organization of African, Caribbean, and Pacific States (OACPS) argued before the ICJ.
In 2023, the UN General Assembly commissioned the court to prepare an opinion on potential legal consequences for states "where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment."
U.N. Secretary-General Antonio Guterres welcomed the “historic” advisory opinion.
“This is a victory for our planet, for climate justice, and for the power of young people to make a difference,” he said in a statement. “Young Pacific islanders initiated this call for humanity to the world. And the world must respond.”
Major economic states say Paris agreement is sufficient
Major economies such as China and the United States, which account for the majority of carbon dioxide (CO2) emissions, reject legal obligations beyond existing agreements and refer to the provisions of the UN climate conventions and the Paris Climate Agreement.
Legal representatives of developing countries argue that states are failing to meet their obligations and point to the disappointing outcomes of climate summits, including the one held in November 2024 in Baku. They are seeking to ensure that the world's biggest polluters are obliged to reduce CO2 emissions and provide reparations.