The Hague: In a landmark move that could reshape the global legal landscape on climate accountability, the International Court of Justice (ICJ) issued a long-awaited advisory opinion on Wednesday, outlining the legal responsibilities of states in addressing climate change. Though non-binding, the opinion carries significant legal and political influence and is expected to serve as a key reference in future climate litigation and policymaking around the world.
The historic ruling is the result of persistent advocacy, particularly by small island nations, whose very existence is threatened by rising sea levels and intensifying climate-related disasters. Their appeal reached the floor of the UN General Assembly in 2023, which formally requested the ICJ to weigh in on the matter. The court’s opinion is now seen as a turning point laying down an authoritative framework that clarifies what international law requires of countries in the global climate fight.
Outside the court in The Hague, climate activists gathered with banners reading “Climate Justice Now” and “End Fossil Fuels”, underscoring the high expectations surrounding the verdict. Their presence reflected growing public demand for stronger legal mechanisms to hold governments accountable for environmental harm and inaction.
The panel of 15 international judges was asked to deliberate on two fundamental questions:
What legal obligations do states have under existing international law to protect the environment and the climate from human-induced greenhouse gas emissions?
What legal consequences do states face when their actions or failure to act significantly damage the global climate system?
This advisory opinion is now being hailed as a potential cornerstone for future climate jurisprudence. Legal experts suggest that courts worldwide will find it increasingly difficult to ignore the principles outlined by the ICJ, even though the decision is technically non-binding. It sets a precedent that could influence national courts, treaty negotiations, and international climate mechanisms.
The ICJ’s opinion also resonates in the shadow of the 2015 Paris Agreement, concluded at COP21, where over 190 nations pledged to limit global warming to 1.5°C above pre-industrial levels. That commitment, however, has largely failed to translate into meaningful emissions reductions. The continued acceleration of climate disasters ranging from devastating wildfires and droughts to record flooding and melting glaciers has made it clear that legal reinforcement is urgently needed.
Significantly, Pope Francis’ encyclical “Laudato Si’”, which was widely circulated among world leaders during the Paris negotiations, added both moral and scientific weight to the call for urgent climate action. His appeal to “hear the cry of the earth and the cry of the poor” remains relevant today, especially as the ICJ’s opinion echoes the same call for ethical responsibility and global solidarity.
While the advisory opinion does not create new international law, it clarifies existing obligations under treaties and customary law, reinforcing the idea that climate change is not just a policy issue but a matter of legal and human rights responsibility. In the coming months, this opinion is likely to reverberate through environmental courts, parliaments, and civil society movements, as the world confronts the legal dimension of its climate crisis with new urgency.