The International Court of Justice (ICJ) has started hearing a high-stakes case that could shape the global approach to climate change accountability. The case, initiated by Vanuatu, a Pacific island nation vulnerable to rising sea levels and extreme weather, seeks to clarify the legal obligations of countries to mitigate climate change and compensate for its devastating effects.
The legal proceedings aim to address two major questions: first, what actions must countries take to combat climate change and protect the global climate system; and second, what legal consequences should follow when nations contribute to climate harm through their emissions. Although the ICJ’s ruling will not be legally binding, it holds significant potential to influence climate litigation worldwide, setting a precedent for future cases seeking justice for climate-related damages.
The idea for a legal opinion on climate change began with law students in Fiji five years ago and was later championed by Vanuatu. The country’s firsthand experience with the destructive power of climate change especially the devastating impact of cyclones that affected 80% of its population in 2023 has made the issue a critical one for its government. The devastation led to a state of emergency, highlighting the urgency of addressing the legal dimensions of climate change.
During the hearing, Vanuatu will be the first nation to present evidence, with special envoy Ralph Regenvanu emphasizing that this case marks a pivotal moment in establishing clear international legal obligations for climate action. The outcome of the case could bolster the efforts of small island nations and developing countries seeking compensation from the world’s wealthier nations, whose historical emissions have contributed significantly to global warming.
The court will hear from various nations, including major emitters like the United States and China, as well as oil-producing states. The hearings are set to conclude on December 13, with a final opinion expected in 2025. As the global community continues to grapple with the urgent need for climate action, this landmark case could provide a critical legal framework for future climate accountability.
