Climate justice in Hague. Has the UN Court opened the path to reparations?

On 23 July 2025, the International Court of Justice (ICJ) issued an advisory opinion concerning the obligations of states with regard to climate protection. This case originated from an initiative by students from the Pacific Island Students Fighting Climate Change, who demanded actions to protect islands threatened with extinction due to climate change. The initiative was supported by the government of the Republic of Vanuatu, which brought the matter before the UN General Assembly, garnering support from 132 UN member states.

Background of the case

The youth from the Pacific islands particularly highlighted issues such as rising sea levels, coastal erosion, and the degradation of marine ecosystems, all of which threaten the future of many nations, particularly island nations. Although climate change is a global phenomenon, it disproportionately affects those with relatively little impact on greenhouse gas emissions. Policies from the world’s largest players, such as the USA and China, may cause disproportionate environmental, social, and economic harm to countries like Vanuatu.

Consequently, the UN General Assembly posed two key questions to the ICJ on 29 March 2023, regarding obligations under international law. The first question asked about states’ duties to protect the climate system for current and future generations, while the second concerned legal responsibility for significant harm caused. The proceedings garnered significant interest, with 96 states and 11 organizations submitting their own opinions. The Court also consulted experts, laying the foundation for its opinion.

The ICJ’s opinion

In its ruling, the ICJ affirmed that states have obligations under international law, including from the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. These documents oblige states to take actions to prevent environmental harm. The ICJ further emphasized that these obligations stem from customary law and human rights law.

Assigning responsibility for climate damage

The ICJ’s opinion identified the reduction of global warming by 1.5°C above pre-industrial levels as a key objective of national climate policies. It further stated that all countries have an obligation to act to reduce greenhouse gas emissions and protect the environment, including curbing fossil fuel extraction and regulating private entities that fail to adhere to sustainable development principles. Consequently, states must exercise due diligence in developing environmental policies.

The Court also addressed human rights protection, affirming that individuals have the right to a clean, healthy, and sustainable environment. Violations of climate commitments constitute unlawful actions that must cease immediately. If harm has already occurred, states are required to repair the damage, provide compensation, and offer redress.

The significance of the ICJ’s opinion in international law

Although the advisory opinions of the ICJ are not binding, they serve as important reference acts in international law. By clarifying that climate obligations are enforceable within existing legal frameworks, the opinion strengthens the ability of states and communities to seek accountability, whether through international proceedings, national courts, or political negotiations.

In particular, extending state responsibility to actions that contribute to harmful climate change may set a precedent for enforcing environmental protection obligations on a global scale.

Summary and the future of climate justice

The ICJ’s opinion marks a significant step towards ensuring accountability for climate change at the international level. The Court’s judges indicated that a lasting solution to the climate crisis requires “human will and wisdom” in changing habits and lifestyles, both at the individual and political levels. These changes are critical for the future of our civilization and future generations, and the decisions made by states on the international stage will play a crucial role in shaping the future of climate protection.

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Sources:

• International Court of Justice, Obligations of Stats in Respect of Climate Change, General List no. 187, 2025
• Dugal” ICJ Advisory Opinion: The World’s Top Court Has Spoken Unequivocally on States’ Climate Change Obligations” 2025: https://earth.org/icj-advisory-opinion-the-worlds-top-court-has-spoken-unequivocally-on-states-climate-change-obligations/
• Gifford, D. Shanks-Dumont, The World Court just ruled countries can be held liable for climate change damage – what does that mean for the US?. 2025: https://theconversation.com/the-world-court-just-ruled-countries-can-be-held-liable-for-climate-change-damage-what-does-that-mean-for-the-us-262272
• UN, World Court says countries are legally obligated to curb emissions, protect climate: https://news.un.org/en/story/2025/07/1165475
• Stallard, G. Rannard, Top UN court says countries can sue each other over climate change, 2025: https://www.bbc.com/news/articles/ce379k4v3pwo