International Court of Justice has issued a landmark ruling that government actions driving climate change are illegal and states should be held legally responsible for their emissions.
For the first time in history, the world’s highest court- International Court of Justice (ICJ) has made it clear: states must not only curb emissions and end fossil fuel dependency, but must also compensate vulnerable nations for the damages already inflicted by the climate crisis.
Full ruling here.
Earlier in 2023, the General Assembly of the United Nations (UN) requested the ICJ to adopt a unanimous resolution by requesting the ICJ to provide an Advisory Opinion on the questions as drafted by 18 core countries led by Vanuatu.
Bangladesh was within the cohort of these 18 countries. Following this request, last year, 96 States and 11 international organizations presented their written and oral submissions in front of the ICJ at several steps.
The advisory opinion is grounded in binding international law and reshapes the legal landscape for governments, corporations, investors, and other stakeholders.
The Court emphasized that all countries are obliged to submit strong and science-based Nationally Determined Contributions (NDCs) under the Paris Agreement and cannot rely on vague or voluntary targets.
Judge Iwasawa Yuji of the ICJ stated: "This is a concern of planetary proportions that imperils all forms of life. The Court presents this opinion in the hope that its conclusions will allow the law to inform and guide social and political action to solve the ongoing climate crisis."
The Court concluded: "Failure of a state to take appropriate action to protect the climate system—including through fossil fuel production, consumption, subsidies or exploration licenses—may constitute an internationally wrongful act."
Further, the Court clarified that "if restitution for climate damage is materially impossible, responsible states have an obligation to compensate."
This ruling will significantly strengthen climate litigation globally, providing new legal tools to hold not only governments, but also corporations and investors accountable.
Courts worldwide are likely to reference this ruling in their upcoming decisions. It will also strengthen legal arguments in ongoing and future climate lawsuits, especially those targeting corporate defendants like fossil fuel companies.
It will also be a powerful reference point for ongoing and future lawsuits seeking reparations for climate-related loss and damage, including in climate-vulnerable countries like Bangladesh.
“This opinion is a very much progressive one. Now it requires proper implementation,” said Hafij Khan, director of the Centre for Climate Justice-Bangladesh (CCJ-B), emphasizing that the ruling can now serve as a foundation for legal and policy reforms globally and within Bangladesh.
“The court has confirmed what frontline communities like ours have long demanded: climate inaction is not only morally wrong, it is legally indefensible,” said Sohanur Rahman, executive coordinator of YouthNet Global, a youth-led climate justice movement based in Bangladesh.
“This ruling is a turning point for international climate justice. Polluters can no longer hide behind vague pledges. They must act now or face consequences.”
The legal campaign for this opinion began in 2019, spearheaded by Pacific Island Students Fighting Climate Change and World’s Youth for Climate Justice—two youth-led organizations that galvanized global support, including that of Bangladesh and over 1,500 civil society organizations.
Vishal Prasad, director of Pacific Islands Students Fighting Climate Change, stated: “Today the world’s smallest countries have made history. The ICJ’s decision brings us closer to a world where governments can no longer turn a blind eye to their legal responsibilities. This ruling is a lifeline for Pacific—and other frontline—communities.”
UN Secretary-General António Guterres also welcomed the ruling: “They made clear that all States are obligated under international law to protect the global climate system. This is a victory for our planet, for climate justice, and for the power of young people to make a difference.”
The ICJ’s opinion, while advisory in nature, carries significant legal and political weight.
It is now expected to be presented to the UN General Assembly, where Bangladesh and other supporting states are anticipated to back a resolution endorsing the opinion.
It also arrives just ahead of major international climate meetings, and is expected to reshape the negotiations by introducing clear legal obligations, particularly regarding the 1.5°C temperature goal and loss and damage financing.
Tasneem Essop, executive director of Climate Action Network International, said: “The era of impunity is over. Governments and corporations now face clearly defined legal obligations to prevent climate catastrophe and make reparations for decades of reckless pollution.”
