International Court of Justice Advisory Opinion on State Obligations Regarding Climate Change

Introduction and Key Findings

The International Court of Justice (ICJ) has issued a landmark Advisory Opinion clarifying the obligations of states concerning climate change. The opinion is viewed as a pivotal moment for advancing climate justice and accountability. A central finding of the Court is that the full enjoyment of human rights is contingent upon the protection of the climate system and the broader environment. The ICJ stressed the duty of states to act immediately to regulate private actors and cooperate internationally to protect current and future generations from the escalating impacts of human-induced climate change. This legal clarification is expected to bolster numerous climate litigation cases globally.

Implications for Sustainable Development Goals (SDGs)

The ICJ’s ruling provides significant legal reinforcement for the United Nations Sustainable Development Goals (SDGs), particularly those related to environmental protection, justice, and equality.

• SDG 13 (Climate Action): The opinion directly supports SDG 13 by establishing a clear legal duty for states to take urgent and effective action to combat climate change and its impacts. It underscores the necessity of protecting ecosystems and future generations.
• SDG 16 (Peace, Justice and Strong Institutions): By providing legal clarity on state obligations, the ICJ strengthens the role of international law and institutions in ensuring accountability. This ruling empowers legal action for climate justice, reinforcing the goal of promoting just, peaceful, and inclusive societies.
• SDG 10 (Reduced Inequalities): The Court recognized that it is scientifically possible to attribute contributions to the climate crisis. This supports the principle of differentiated responsibilities, requiring historically high greenhouse gas emitters to take greater responsibility for the harm caused, thereby addressing a key driver of global inequality.
• SDG 7 (Affordable and Clean Energy): The opinion implicitly critiques continued fossil fuel dependency. By defining state inaction—including the licensing or subsidizing of fossil fuel companies—as a potential internationally wrongful act, it promotes a transition towards sustainable energy systems.
• SDG 3 (Good Health and Well-being): The ICJ described climate change as an “existential problem” that “imperils all forms of life and the very health of our planet,” directly linking climate stability to the global goal of ensuring healthy lives and promoting well-being for all.

State Responsibility and Accountability

The advisory opinion outlines specific responsibilities for states, establishing a framework for accountability based on international law and the “polluters pay” principle.

1. Internationally Wrongful Acts: A state’s failure to take action to protect the climate system may constitute an internationally wrongful act. This includes continued fossil fuel production and the provision of subsidies to fossil fuel companies.
2. Attribution of Harm: The Court affirmed that a state’s contribution to the climate crisis can be scientifically determined by assessing its current and cumulative emissions.
3. Duty to Repair: States, particularly those with a history of high emissions, must assume responsibility for the climate harm they have caused. This includes providing reparations and guarantees of non-repetition.

Forced Displacement and International Protection

Following the precedent of the Inter-American Court of Human Rights, the ICJ reaffirmed that climate change is a driver of forced displacement. The Court emphasized that when people are forced to cross borders to seek safety from climate impacts, the principle of non-refoulement applies, obligating states to provide protection.

Conclusion and Call to Action

The ICJ characterized the climate crisis as a “self-inflicted” problem of “planetary proportions” that requires a comprehensive solution. The Court stressed that addressing this challenge demands more than technical knowledge; it necessitates a fundamental change in “our current way of life” driven by human will at individual, social, and political levels. The opinion was delivered with the expressed hope that its conclusions would inform and guide global social and political action toward securing a sustainable future.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 13: Climate Action

• The article is centered on the climate crisis, referencing “climate change,” “climate system,” “greenhouse gas emitters,” and the need for states to take action to mitigate “the worsening impacts of human induced climate change.” This directly aligns with the core objective of SDG 13, which is to take urgent action to combat climate change and its impacts.

SDG 16: Peace, Justice and Strong Institutions

• The article focuses on a legal ruling by the International Court of Justice (ICJ), described as a “landmark moment for climate justice and accountability.” It discusses states’ legal obligations, the “polluters pay principle,” and the use of “climate litigation cases” to seek justice. This connects directly to SDG 16’s aim to promote just, peaceful, and inclusive societies by strengthening institutions like the ICJ and ensuring access to justice.

SDG 12: Responsible Consumption and Production

• The article explicitly mentions states’ failure to act through “continued fossil fuel production, licencing or the provision of subsidies to fossil fuel companies.” This directly relates to SDG 12, particularly its targets concerning the rationalization of inefficient fossil-fuel subsidies and holding major polluters accountable.

SDG 17: Partnerships for the Goals

• The article highlights the role of international cooperation and global institutions. The ICJ’s opinion clarifies the obligations of states to “cooperate to protect current and future generations.” The entire process, involving a ruling from an international court to guide global action, exemplifies the multi-stakeholder partnerships that SDG 17 promotes.

SDG 10: Reduced Inequalities

• The article notes that “climate change can lead to the forced displacement of people seeking safety, including across borders.” Climate change disproportionately affects the most vulnerable populations, leading to displacement and exacerbating inequalities both within and among countries, which is a key concern of SDG 10.

2. What specific targets under those SDGs can be identified based on the article’s content?

SDG 13: Climate Action

1. Target 13.2: “Integrate climate change measures into national policies, strategies and planning.” The ICJ’s opinion that states “have a duty to act now, regulate the activities of private actors” directly supports the integration of climate action into national legal and policy frameworks.
2. Target 13.1: “Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries.” The mention of protecting people from the “worsening impacts” and the issue of “forced displacement” points to the need for enhanced resilience and adaptation, which this target addresses.

SDG 16: Peace, Justice and Strong Institutions

1. Target 16.3: “Promote the rule of law at the national and international levels and ensure equal access to justice for all.” The article’s focus on the ICJ’s advisory opinion, “climate justice,” “accountability,” and the “hundreds of ongoing and upcoming climate litigation cases” directly reflects the effort to use legal mechanisms to ensure justice.
2. Target 16.6: “Develop effective, accountable and transparent institutions at all levels.” The ICJ’s role in clarifying the “obligations of states” and defining that failure to act “may constitute an internationally wrongful act” is a clear example of an international institution working to ensure state accountability.

SDG 12: Responsible Consumption and Production

1. Target 12.c: “Rationalize inefficient fossil-fuel subsidies that encourage wasteful consumption…” The article’s specific condemnation of the “provision of subsidies to fossil fuel companies” as a failure of state action directly corresponds to this target.

SDG 17: Partnerships for the Goals

1. Target 17.14: “Enhance policy coherence for sustainable development.” The ICJ’s opinion serves as a tool to create coherence between international human rights law, environmental law, and national policies on climate change.
2. Target 17.16: “Enhance the global partnership for sustainable development…” The article describes a global effort involving Pacific Islands students, international courts (ICJ, Inter-American Court of Human Rights), and civil society (Amnesty International) to address a global crisis, which is the essence of this target.

SDG 10: Reduced Inequalities

1. Target 10.7: “Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.” The article’s reference to “forced displacement of people seeking safety, including across borders” due to climate change directly connects to the need for policies that address climate-induced migration and protect displaced persons, as covered by this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

For SDG 13: Climate Action

• Implied Indicator for Target 13.2: The number of countries that have integrated climate obligations, such as regulating private actors and phasing out fossil fuels, into national law and policy. The article implies this by stating the ICJ made clear that states “have a duty to act now, regulate the activities of private actors.”
• Implied Indicator: Total greenhouse gas emissions by country. The article states that “it is scientifically possible to determine each state’s contribution to the climate crisis, taking into account current and cumulative emissions,” which is a direct reference to the primary indicator for measuring climate action.

For SDG 16: Peace, Justice and Strong Institutions

• Implied Indicator for Target 16.3: The number of climate litigation cases filed and their outcomes. The article explicitly mentions “the hundreds of ongoing and upcoming climate litigation cases around the world,” which can serve as a direct measure of access to climate justice.

For SDG 12: Responsible Consumption and Production

• Indicator for Target 12.c (Indicator 12.c.1): Amount of fossil-fuel subsidies. The article’s direct mention of the “provision of subsidies to fossil fuel companies” points to this specific, measurable indicator. Progress would be measured by the reduction or elimination of these subsidies.

For SDG 10: Reduced Inequalities

• Implied Indicator for Target 10.7: The number of people forcibly displaced across borders due to climate change. The article’s reference to “forced displacement of people seeking safety, including across borders” suggests this as a key metric for understanding the unequal impacts of the climate crisis.

4. Table of SDGs, Targets, and Indicators

Source: amnesty.org