Guwahati: The International Court of Justice (ICJ) has delivered a landmark Advisory Opinion outlining the obligations of States under international law in response to the climate crisis.
The opinion, which clarifies legal responsibilities beyond the Paris Agreement, affirms that States have a duty to prevent significant harm to the environment and to cooperate internationally on climate action.
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The Court stated that States are required to regulate businesses for the harmful effects of their emissions, regardless of where those effects occur. It also recognised the right to a clean, healthy, and sustainable environment as fundamental to the enjoyment of other human rights.
Intergenerational equity, the Court said, must guide the interpretation and implementation of climate obligations.
The opinion further establishes that breaches of these obligations may require full reparations, including cessation of harmful conduct and financial compensation for loss and damage. This includes greenhouse gas emissions that exceed science-based thresholds.
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The Court’s opinion follows submissions from several States, civil society groups, and international organisations. In 2023, Greenpeace International’s ship, Rainbow Warrior, gathered testimonies from Pacific communities affected by climate change, which were submitted to the ICJ.
Danilo Garrido, Legal Counsel at Greenpeace International, said the opinion provides legal clarity on States’ obligations and potential consequences for non-compliance, including actions related to fossil fuel production and subsidies.
Flora Vano, a community leader from Vanuatu, welcomed the decision and noted its significance for communities on the frontlines of climate change.
Earlier this month, the Inter-American Court of Human Rights issued a similar decision, affirming that States must take urgent and effective action to protect the right to a healthy environment, and that private companies also have responsibilities concerning climate change.
The ICJ opinion contributes to a growing body of international legal instruments focused on climate accountability and may influence future legal actions related to environmental harm.