ICJ advisory opinion on global climate action is a game changer

The International Court of Justice (ICJ) has put polluting governments and companies on notice: They are legally responsible for the climate-linked damage their carbon emissions are inflicting on the planet and vulnerable nations.

- David Fogarty

In a landmark advisory opinion on July 23, the ICJ said all countries have significant legal responsibilities to prevent further climate harm by slashing their climate pollution rapidly. Countries are also responsible for regulating companies and their actions.

Polluters could be liable for damage caused by past and current emissions.

States' legal responsibilities for carbon pollution and its impacts are not just confined to climate treaties, such as the Paris Agreement, but also under the law of the sea convention, human rights treaties, other binding instruments and general principles of international law, the ICJ said.

The opinion is likely to be a significant boost for climate litigation and could lead to stronger carbon-cutting policies by governments and strengthen flagging United Nations climate negotiations.

Fossil fuel states — and companies — could now be especially at risk of litigation.

"The court left no legal shelter for business as usual," said Mr Vishal Prasad, director of the Pacific Islands Students Fighting Climate Change, a group that was instrumental in bringing the case before the ICJ.

"It made clear that the status quo is incompatible with states' legal obligations under international law — a finding that will inform climate litigation and advocacy for years to come," he said in a statement.

The outcome is a victory for Vanuatu.

The Pacific island nation, which has been repeatedly hit by cyclones and affected by rising sea levels, championed a 2019 initiative by its law students to seek legal avenues to boost global climate action.

Vanuatu's campaign led to more than 130 nations, including Singapore, supporting a UN General Assembly resolution in 2023 for the ICJ to deliberate questions on state obligations with respect to climate change.

During hearings in late 2024, nearly 100 nations, including Singapore, gave testimony to the court.