GENEVA - The Advisory Opinion issued by the International Court of Justice (ICJ) on States' obligations regarding climate change is a sweeping victory for all those who are fighting to protect a safe climate and planet for all humanity, UN Human Rights Chief Volker Türk said today.
"This Opinion by the world's highest court is an authoritative, clear and indisputable affirmation of the far-ranging impacts of climate change and the broad extent of obligations of States, under human rights law and beyond, to act urgently to stem the damage," the High Commissioner said. "It is also a testament to the power of the inspiring Pacific Islands students' movement, and many other activists, whose initiative led Vanuatu and other Pacific Island States to start the process at the UN General Assembly to request this Opinion."
The Opinion, which was issued on Wednesday, makes clear that human rights law and obligations apply in the context of climate change, and must be taken into full account by States. This includes the human right to life, as well as to a clean, healthy and sustainable environment, which is foundational for the effective enjoyment of all human rights, according to the Court.
According to the decision, States have a duty "to use all means at their disposal to prevent activities carried out within their jurisdiction or control from causing significant harm to the climate system and other parts of the environment".
The "failure of a State to take appropriate action to protect the climate system from greenhouse gas emissions - including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies - may constitute an internationally wrongful act which is attributable to that State", the ICJ added. The legal consequences may require States to cease harmful activities, provide assurances and guarantees of non-repetition, including through effective regulation of the private sector, and provide reparations for climate harms, the court said.
"The emphasis by the Court on international human rights law sends a powerful message," Türk said. In its analysis, the Court referenced the work of the UN Human Rights Office and other human rights mechanisms, at international and regional levels.
"Importantly, this landmark legal position affirms the central role of human rights law in addressing the devastating consequences of the climate crisis. It acknowledges the existential character of that crisis and finds that climate harms - despite all their complexities - are actionable under familiar principles of international law. The Court has provided a roadmap for people and Governments to seek the transformative change and accountability we need in the fight against climate change, now and in the future.
"States now urgently need to take meaningful action through legislation, policy change, resource mobilisation and international cooperation, to stop the climate crisis from worsening and open paths towards due reparations for those affected," the High Commissioner added.
"My Office is committed to working with States, businesses, civil society and people everywhere to advance climate solutions that take into account human rights," he said.
Türk also called on States to reflect this Opinion in their future climate action, including with respect to their nationally determined contributions due in September, and the upcoming negotiations at the 30th Conference of the Parties to the UN Framework Convention on Climate Change in Brazil this November.
