THE HAGUE, Netherlands. The United Nations’ highest court has issued a landmark advisory opinion stating that countries may be in violation of international law if they fail to take action to protect the planet from climate change. The opinion, delivered Wednesday by the International Court of Justice (ICJ), also suggests that nations harmed by climate change could be entitled to reparations.
ICJ President Yuji Iwasawa described climate change as “an existential problem of planetary proportions that imperils all forms of life and the very health of our planet.” He added that a state’s failure to act on climate protection may amount to “an internationally wrongful act.”
The non-binding ruling was unanimously backed by all 15 judges of the court and marks a turning point in international climate law. The court recognized the right to a “clean, healthy, and sustainable environment” as a human right, opening the door for further legal actions between states and within domestic courts.
The case was brought forward by Vanuatu, a Pacific island nation severely affected by rising sea levels, and was supported by over 130 other countries. U.N. Secretary-General António Guterres called the ruling “historic,” saying it is a victory for climate justice and youth activism.
Outside the court, climate advocates gathered in support of the decision. Mary Robinson, former U.N. human rights chief, said the ruling gives the world a “powerful new tool” to hold governments accountable for climate inaction.
The ICJ was asked by the U.N. General Assembly in 2023 to provide legal clarity on two questions: countries’ obligations under international law to prevent climate harm, and the consequences when failure to act results in environmental damage.
According to scientists, sea levels have risen by an average of 4.3 centimeters globally over the past decade, with Pacific island nations experiencing even higher rates. Since preindustrial times, the planet has warmed by 1.3 degrees Celsius, primarily due to fossil fuel emissions.
Ralph Regenvanu, Vanuatu’s climate change minister, called the opinion a “course correction” and said it exceeded expectations.
While the ruling is advisory and not enforceable, it could influence national courts and international negotiations, particularly ahead of the COP30 climate conference in Belém, Brazil. Legal experts say it may also be used by citizens to push their governments toward stronger climate action.
Despite opposition from major fossil fuel-producing nations like the United States and Russia, legal momentum appears to be shifting. Earlier this month, the Inter-American Court of Human Rights affirmed countries’ duty to protect and restore ecosystems. In 2019, the Netherlands’ Supreme Court ruled that protecting citizens from climate change is a government obligation under human rights law.
The ICJ noted that international law alone will not solve the climate crisis but stressed its role as a critical part of the global response. “A lasting solution will require the contribution of all fields of human knowledge to secure a future for ourselves and those who are yet to come,” Iwasawa said.
Paraluman P. Funtanilla
Paraluman P. Funtanilla is Tutubi News Magazine's Marketing Specialist and is a Contributing Editor. She finished her degree in Communication Arts in De La Salle Lipa. She has worked as a Digital Marketer for start-up businesses and small business spaces for the past two years. She has earned certificates from Coursera on Brand Management: Aligning Business Brand and Behavior and Viral Marketing and How to Craft Contagious Content. She also worked with Asia Express Romania TV Show.
- Paraluman P. Funtanilla
- Paraluman P. Funtanilla
- Paraluman P. Funtanilla
- Paraluman P. Funtanilla
