The International Court of Justice (ICJ) will begin historic hearings on Monday, addressing the global responsibility to combat climate change and protect vulnerable nations from its devastating effects.
The hearings, set to open at 10:00 am (0900 GMT) at the Peace Palace in The Hague, will see representatives from Vanuatu and other at-risk Pacific island nations present their case before the 15-judge panel.
Over the next two weeks, more than 100 countries and organizations will submit their views on the matter, making it the largest number of submissions in the court’s history. The case could set critical legal guidelines on how countries are expected to protect the planet and ensure that those most affected by climate change receive adequate support.
The ICJ’s advisory opinion, though non-binding, is hoped by activists to have a profound impact on international climate policy. However, some critics worry the opinion may have limited legal consequences and that the court could take years to deliver a verdict.
The hearings come just days after the COP29 summit in Azerbaijan, where negotiators struck a contentious deal on climate action. The summit’s agreement commits wealthy countries to raise $300 billion annually by 2035 to help developing nations transition to clean energy and adapt to climate impacts like extreme weather. However, critics argue that the pledge is insufficient, with developing nations demanding stronger commitments, including a global push to reduce fossil fuel use.
Ralph Regenvanu, the special envoy for Vanuatu, emphasized the urgency of the ICJ’s advisory opinion. “We are on the frontline of climate change impact,” he said, underscoring the need for clearer international legal obligations for climate action. Vanuatu has led the initiative, supported by other small island states facing existential threats from rising sea levels and extreme weather.
In response to a UN General Assembly resolution, the ICJ will address two fundamental questions: What legal obligations do states have to protect the global climate system from greenhouse gas emissions? And what are the legal consequences when states’ actions and omissions cause significant environmental harm, particularly to vulnerable nations?
This second question is critical for countries at risk from climate change, especially those like Vanuatu, whose low-lying islands are directly threatened by rising oceans.
The court’s ruling will also be informed by the current state of global emissions. Despite global pledges, carbon dioxide emissions reached an all-time high this year, largely due to fossil fuel consumption. Climate experts and advocates do not expect the ICJ’s opinion to offer specific solutions, but rather a legal framework that will guide future climate litigation both nationally and internationally.
The hearing is expected to involve the world’s largest carbon emitters China, the United States, and India among the 98 countries and 12 organizations participating. These submissions will help shape the ICJ’s interpretation of states’ legal responsibilities in addressing the climate crisis.
This case marks a critical moment in the global climate movement, with the potential to redefine how international law addresses the most pressing environmental challenges of our time.
