International Court of Justice, The Hague. Photo: ICJ
With COP29’s conclusion, the stage shifts to the Hague, where Vanuatu’s landmark International Court of Justice climate change case, will start on 2 December - with 110 UN member states and intergovernmental organisations testifying.
Vanuatu's Special Envoy for Climate Change and Environment, Ralph Regenvanu, stated yesterday, 24 November, that the amounts pledged at COP29 in Azerbaijan were not enough to derail a global tragedy.
“After two consecutive meetings hosted by nations whose economies depend on fossil fuel extraction, we continue to migrate away from holding global warming below 1.5⁰C — the stated goal of these meetings and the 2016 Paris Agreement.
“The commitments made in Baku — the dollar amounts pledged and the emissions reductions promised — are not enough. They were never going to be enough. And even then, based on our experience with such pledges in the past, we know they will not be fulfilled,” he said.
“Just before the September United Nations General Assembly meeting in New York, Europe was hammered by unprecedented rain and flooding. Two months later, New York City was plagued by historic drought and brushfires. All throughout, large swathes of the Amazon rainforest burned hot enough to generate national emergencies. The inability of the Global North to make a dent in the climate crisis — much less derail it — is a global tragedy.
“The limitations of the UNFCCC process motivate our case at the International Court of Justice. The ICJ Advisory Opinion has the potential to strengthen the Paris Agreement framework by clarifying the legal obligations of States under international law to act on climate change — obligations which have been disregarded for too long. This includes obligations to finance adaptation and mitigation in vulnerable countries and to address loss and damage. It could help close the glaring gaps in climate finance that COP29 once again left unresolved.
"All of us on this planet are affected by climate change — regardless of your location, your belief in the science, or your motivation to reduce emissions. We need justice and we need it urgently.”
Largest ICJ case
On December 2, 2024, the International Court of Justice (ICJ) will begin hearing testimony from 110 nations and international nongovernmental organizations. The first day of testimony will feature a delegation from Vanuatu, the Pacific Island State that initiated the request for the advisory opinion from the ICJ.
The climate change advisory opinion is the largest case ever before the ICJ, with record numbers of written statements and comments already submitted and 110 States and Intergovernmental Organisations scheduled to make oral presentations next month.
The ICJ case, led at the State-level by Vanuatu, seeks to clarify the legal obligations of States to combat climate change and protect vulnerable communities. Vanuatu contributes only 0.02% of global greenhouse gas emissions yet suffers disproportionately from climate impacts. For decades, Pacific Island States have experienced devastating impacts of climate change, including increasingly severe cyclones, rising sea levels and land degradation. These disasters have displaced communities, threatened livelihoods and eroded local economies.
The ICJ is scheduled to hear oral statements and impact testimonies on the case starting on December 2; 94 oral statements will be given by States, including a joint statement by the Nordic States, and 12 will be given from intergovernmental organizations including the European Union and the Organization of the Petroleum Exporting Countries (OPEC). The ICJ also received 91 written submissions and over 60 additional written comments, making the advisory proceedings the largest case in the history of the ICJ.
Paris Agreement
As the UN climate change talks (COP29) in Azerbaijan conclude, many delegations from Small Island Developing States attending the meeting are looking to the ICJ and its advisory opinion to compel more significant global efforts to lower emissions and address the already growing impacts of climate change.
According to the October 2024 report from the United Nations Environmental Programme, global greenhouse gas emissions continued to increase in 2023. The G20 countries (excluding the African Union) were responsible for 77% of all emissions; in comparison, the 47 least developed countries combined were responsible for just 3%.
Seven years ago, 196 countries adopted the Paris Agreement. While this treaty set the course for governments to protect people and the planet, almost a decade later, Vanuatu and other small island states are still trying to prevent further harm while repairing the loss and damage that has already occurred.
Some countries, mainly historical polluters and a few fossil fuel dependent economies, advocate for the Paris Agreement to be considered as the only international law relevant to climate change. However, Vanuatu and a large majority of other States and intergovernmental organisations also recognise existing legal obligations applying under:
- The Charter of the United Nations,
- The Universal Declaration of Human Rights,
- The International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights,
- The Convention on the Rights of the Child,
- The United Nations Convention on the Law of the Sea,
- The Vienna Convention for the Protection of the Ozone Layer,
- The Montreal Protocol on Substances that Deplete the Ozone Layer,
- The Convention on Biological Diversity,
- The United Nations Convention to Combat Desertification, and others.
ICJ
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).
The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.
