WECAN Responds to ICJ Advisory Opinion: Landmark Ruling Marks Step Forward for Climate Justice & Accountability

"The environment is the foundation for human life, upon which the health and well-being of both present and future generations depend" 

— ICJ Advisory Opinion

On Wednesday, July 23, the International Court of Justice (ICJ) released its long-awaited Advisory Opinion on states’ legal obligations related to the climate crisis. Championed by youth climate activists from Pacific Island states, this court decision is a landmark piece of international legislation for climate justice. It serves as a critical tool for holding states and corporations accountable for climate destruction. All 15 judges of the ICJ, the world’s highest court, unanimously agreed that states have a legal obligation to rapidly reduce emissions, protect human rights, and remediate climate harms.

In the face of worsening climate disasters, where states are increasingly shirking their climate responsibilities, frontline communities across the globe are demanding accountability. This ICJ judgement offers a vital mechanism to communities, giving a legal backbone to states’ climate responsibilities and outlining consequences for climate polluters. The ruling emphasized that existing legal frameworks are binding and pave a pathway for states to take immediate climate action. Meeting climate and human rights responsibilities with the highest ambition possible is now the law. 

The science is clear, and it is non-negotiable. The court affirmed the IPCC’s conclusions that an urgent phase-out of fossil fuels is needed to limit global warming below 1.5°C. 

“Failure of a state to take appropriate action to protect the climate system from GHG emissions– including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licenses, or the provision of fossil fuel subsidies– may constitute an internationally wrongful act which is attributable to that state.” — ICJ Advisory Opinion

The ruling aligns with the need for a Fossil Fuel Non-Proliferation Treaty, which offers an equitable fossil fuel phaseout process. States that fail to reduce their emissions and transition away from fossil fuels may be required to pay reparations for climate damages. Not only this, but the ICJ clarifies that wealthy states must pay their climate debts by providing accessible, fair, and transparent climate finance. There are no loopholes to evade these responsibilities.

At this critical time, the ICJ ruling provides essential leverage in the fight for climate justice. It acknowledges that the climate crisis disparately violates the rights of women and Indigenous Peoples, and that climate solutions must prioritize their dignity and wellbeing.  

Women, in all their diversity, play a crucial role in climate action and biodiversity conservation, while simultaneously, due to gender inequality, they experience the most harmful climate impacts. Indigenous women, in particular, face unprecedented violence, criminalization, and displacement as a result of the climate crisis, despite their roles as vital environmental defenders and champions of climate solutions. Indigenous Peoples have long been stewards and guardians of the Earth’s ecosystems, and protecting their rights is integral to upholding the web of life and advancing social justice. This ruling affirms what women and Indigenous Peoples have long been demanding from the frontlines of climate impacts– that climate justice must guide law. 

“The link between human rights and climate justice has never been clearer. The ICJ’s ruling affirms that governments must stop shirking their responsibilities and immediately act on the climate crisis. For far too long, frontline communities have been bearing the brunt of the climate crisis, and now they have a pathway for holding polluters accountable and seeking justice. States must take ambitious action to examine their role in perpetuating extractive and colonial systems that fuel the climate crisis. We urge governments to uplift Indigenous sovereignty, BIPOC and frontline communities, women’s rights, and community-led climate solutions, and to finally align their NDC’s with the goals of the Paris Climate Agreement by phasing out fossil fuels, investing in quality climate finance, and adopting rights-based climate strategies.” — Osprey Orielle Lake, Executive Director of the Women's Earth and Climate Action Network (WECAN)

In the lead-up to COP30, the ICJ’s ruling serves as a vital toolset, explicitly calling out Nationally Determined Contributions and demanding that they be aligned with the goals of the Paris Agreement. Greenwashing and weak commitments are insufficient to protect the right to a clean, healthy, and sustainable environment, which underpins all states’ human rights responsibilities. This ruling must serve as a guide for COP negotiations, with the voices of women, Indigenous Peoples, and frontline communities highlighted and centered. 

The ICJ has spoken, and now governments must act. The ruling applies to all states, regardless of their ratification of environmental treaties. While the Advisory Opinion is non-binding, it does open the door for legal cases regarding climate change and ecological impacts for communities worldwide. Voluntary action on climate change is not enough; governments must immediately act on climate. This historic ruling heralds a new era for climate accountability and justice!