The International Court of Justice (ICJ) made an unprecedented milestone in the history of international law: for the first time, it determined that States have a legal obligation to protect the climate system of the planet. In an advisory opinion that is not binding but carries great legal and moral weight, it clarified that damages to communities and ecosystems must be compensated or restored.
This historic pronouncement acknowledges the close link between a stable climate and healthy ecosystems, and establishes that nations have a duty of due diligence to prevent impacts from greenhouse gas emissions. The decision also reinforces the responsibility of governments to act for the benefit of current and future generations.
The initiative was driven by young law students from the Pacific and backed by 132 countries, many of them highly vulnerable to climate change, such as Vanuatu and Tuvalu. Although these States contribute minimally to global emissions, they suffer firsthand the consequences of global warming.
The advisory opinion was read for over two hours at the Peace Palace in The Hague and is based on 91 written submissions, the highest number in the history of the ICJ.
The ruling seeks to care for vulnerable communities and ecosystems. Photo: UN.
A new framework for climate action
This ruling comes at a crucial moment, as the planet faces overlapping crises: climate change, biodiversity loss, and environmental degradation. By establishing clear legal parameters, the Court provides a crucial tool to demand more ambitious and effective actions from States.
The ICJ’s decision also has implications for the private sector. It sends a strong message: climate action must be comprehensive and focus on nature protection. Ecosystems are essential allies in the fight against climate change, as they absorb approximately half of global emissions.
However, these ecosystems are also in danger. Forests, wetlands, oceans, and soils are being degraded at an alarming rate, reducing their ability to mitigate climate impacts. Therefore, this ruling underscores the urgency of restoring and conserving nature as an essential part of any climate policy.
With an eye on COP30 in Brazil, the international community will need to adapt its plans and commitments. This new legal framework can serve as a guide to review national policies and implement actions aligned with the rights of nature and the well-being of people.
What are climate accounts and what are they used for?
Climate accounts are statistical tools that allow measuring and analyzing the impact of human activities on the climate. They are designed to integrate economic, environmental, and social data to assess how productive sectors contribute to greenhouse gas emissions.
Through these accounts, governments can identify the most relevant sources of emissions, track their evolution over time, and evaluate the effectiveness of public policies. They are also crucial for projecting future scenarios and designing mitigation and adaptation strategies.
Additionally, climate accounts allow for a fairer and more transparent allocation of responsibilities. By quantifying the environmental costs of certain production models, a more sustainable economy is promoted, facilitating accountability to international bodies.
Thai communities willing to protect their rivers. Photo: UN.
A call for transformation
The International Court of Justice’s decision focuses on States’ obligations in the face of the climate crisis, but it also offers an opportunity: to rethink our ways of inhabiting the planet. Incorporating instruments like climate accounts and protecting nature are not just ethical choices but essential steps to ensure a livable future.
The response of governments will be crucial. Reviewing national plans, increasing climate ambition, and prioritizing ecological restoration are urgent measures. The planet, the most vulnerable communities, and all forms of life need actions consistent with the new legal paradigm established by the ICJ.
