The need to address fossil fuels beyond the ICJ

In July 2025, the International Court of Justice (ICJ) issued a landmark Advisory Opinion: states may be violating international law by facilitating fossil fuel consumption, subsidising production, and issuing permits that enable expansion of extraction and use.

- JEMILAH MAHMOOD ADAM FARHAN

This ruling carries profound implications for the Association of Southeast Asian Nations (Asean), home to major fossil fuel producers such as Malaysia, Indonesia, and Vietnam. These nations collectively account for significant volumes of oil and gas consumption, and more than US$100 billion (3.2 trillion baht) in annual fossil fuel subsidies. They have continued to approve fossil fuel extraction permits, committing to more than 20 billion cubic meters of annual gas production in 2025 alone —placing them squarely within the scope of the Court’s warning.

The ICJ's message is not simply legalistic. It reflects the scientific consensus represented by the Intergovernmental Panel on Climate Change (IPCC), which affirms that any further fossil fuel expansion is incompatible with the 1.5C pathway. In other words, fossil fuel policies and strategies across Asean's member states fail not only the test of international law but also the test of planetary health. As former UN secretary-general Ban Ki-moon said, “There is no Plan B, because there is no Planet B”. So we need to be clear: safeguarding our shared atmosphere is no longer a choice; it is an obligation.