ICJ Advisory Opinion: Climate Action Recognized as a Human Rights Obligation

In a groundbreaking advisory opinion, the International Court of Justice (ICJ) has affirmed that states have binding legal obligations under international law to address climate change. Central to this ruling is the recognition that the protection of the climate system is not only a matter of environmental stewardship but also a fundamental human rights issue. The Court’s position echoes arguments presented by the Green Rights Coalition and aligns with the jurisprudence of other international courts, such as the European Court of Human Rights and the Inter-American Court of Human Rights.

The ICJ emphasized that states’ obligations are derived from the entire body of international law, as mandated by the United Nations General Assembly’s request. This includes obligations under international climate treaties, customary international law, and international human rights law.

Within the framework of climate treaties, the Court identified the 1.5°C target as the established global benchmark for climate policy, grounded in scientific evidence and reaffirmed through Conference of the Parties (COP) decisions. The Court held that both mitigation and adaptation are essential components of states’ obligations and must be pursued with due diligence. Furthermore, states are required to cooperate in achieving global climate objectives, primarily through mechanisms such as financial assistance, technology transfer, and capacity building.

In addressing customary international law, the Court clarified that treaty-based and customary obligations operate independently but should be interpreted in a coherent and complementary manner. Treaties can inform the content of customary norms, and vice versa. Notably, the Court emphasized that states not party to specific climate agreements may still be bound by customary international obligations, and it is their responsibility to demonstrate compliance.

Crucially, the ICJ placed human rights at the heart of its opinion. It underscored that a clean, healthy, and sustainable environment is a prerequisite for the realization of fundamental human rights. Climate change poses severe threats to rights including life, health, food, water, and housing, particularly for vulnerable populations. The Court recognized the right to a clean, healthy, and sustainable environment as indispensable to the enjoyment of all other human rights.

This opinion represents a milestone in the development of international climate law. It clarifies the legal responsibilities of states, affirms the binding nature of climate obligations, and firmly embeds environmental protection within the framework of international human rights law. In doing so, the ICJ has set a precedent that strengthens the legal foundation for climate justice and holds states accountable for inaction in the face of the global climate crisis.

Consult the press release here.