Climate change perceived by GHG as potentially jeopardizing rights - Court's Judgment Suggests Human Rights Imperiled by Climate Change Crisis
In a groundbreaking move, the International Court of Justice (ICJ) in The Hague has outlined that States have a legal obligation to address climate change by protecting the environment from greenhouse gas (GHG) emissions. This duty includes acting with due diligence, cooperation, and fulfilling commitments under international treaties such as the Paris Agreement to limit global warming to 1.5°C above pre-industrial levels.
The ICJ's advisory opinion, which is still ongoing, emphasises that the Earth's climate system is an integral and essential part of the environment that needs to be protected for present and future generations. The consequences of climate change, classified by the ICJ as a potential threat to fundamental human rights, could significantly impair the enjoyment of certain human rights, such as the right to health and the right to an adequate standard of living.
The ICJ's ruling is particularly significant for small island nations like Vanuatu, which are highly vulnerable to climate change impacts such as sea-level rise and extreme weather. Vanuatu, which has called on the ICJ to issue an opinion on the duty of states to reduce their greenhouse gas emissions, welcomes the decision as a crucial legal tool to push for emissions reduction globally and seek reparations for climate harms.
The ICJ's opinion strengthens Vanuatu's position in international law, affirming that major polluters can be held accountable for climate damages. This means that States are obliged to prevent harm and compensate nations like Vanuatu that suffer disproportionately despite contributing minimally to global emissions.
The specific obligations of States, as outlined by the ICJ, include acting with due diligence to prevent significant environmental harm from GHG emissions, cooperating internationally to protect the climate system, complying with international treaties, regulating private actors and fossil fuel activities, providing reparations and ceasing wrongful conduct if obligations are breached, and recognising the right to a clean, healthy, sustainable environment as a fundamental human right.
This legal framework provides Vanuatu with a powerful tool to demand global climate action and reparations, framing climate justice within binding international obligations. The challenge now lies in effective implementation through diplomacy, litigation, and advocacy.
Sources: [1] ICJ, Advisory Opinion on the Duty of States to Prevent Climate Change (2025). [2] Government of Vanuatu, Press Release: ICJ Opinion Strengthens Vanuatu's Position in Climate Change Litigation (2025). [3] ICJ, Press Release: ICJ Outlines States' Obligations to Combat Climate Change (2025). [4] United Nations Framework Convention on Climate Change, Paris Agreement (2015). [5] Office of the United Nations High Commissioner for Human Rights, Human Rights and Climate Change (2010).
- Under the new legal obligations unveiled by the ICJ, States are required to integrate climate change policies into their community and employment policies, prioritizing science-based measures for health-and-wellness and environmental-science efforts to reduce greenhouse gas emissions.
- As a crucial step towards climate justice, the international community should implement the ICJ's advisory opinion on States' obligations to prevent climate change, urging them to prioritize and address environmental concerns within their employment, health-and-wellness, and science policies related to climate change, such as emissions reduction, fossil fuel regulation, and compensation for damages.
