ICJ rules states must curb emissions and compensate for climate damage

In a historic ruling, the International Court of Justice (ICJ) has declared that government actions contributing to climate change are illegal under international law, and that states must be held accountable not only for emissions but also for the damage already inflicted on vulnerable nations.

This landmark opinion marks the first time the world's highest court has confirmed that climate inaction constitutes a breach of international legal obligations. The ICJ ruled that countries are obligated to reduce emissions, phase out their fossil fuel dependency, and compensate for loss and damage where restitution is not feasible.

The advisory opinion was issued in response to a 2023 United Nations General Assembly resolution, initiated by a core group of 18 countries led by Vanuatu and supported by Bangladesh. In total, 96 states and 11 international organisations submitted written and oral arguments to the Court.

Grounded in binding international law, the opinion is expected to reshape global legal, political, and financial responses to the climate crisis. It reinforces that Nationally Determined Contributions (NDCs) under the Paris Agreement must be science-based and enforceable, not vague or voluntary.

"This is a concern of planetary proportions that imperils all forms of life," said ICJ Judge Iwasawa Yuji. "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."

In a significant statement, the Court noted: "Failure of a state to take appropriate action to protect the climate system—including through fossil fuel production, consumption, subsidies or exploration licences—may constitute an internationally wrongful act."

The ruling establishes a robust legal framework for global climate litigation, particularly in climate-vulnerable countries like Bangladesh. Courts worldwide are now expected to cite this ruling in future cases, including those involving corporate polluters.

"This opinion is a very progressive one. Now it requires proper implementation," said Hafij Khan, director of the Centre for Climate Justice–Bangladesh. "It offers a foundation for much-needed legal and policy reforms both globally and within Bangladesh."

Sohanur Rahman, executive coordinator of YouthNet Global, a youth-led climate justice platform in Bangladesh, said, "The Court has confirmed what frontline communities like ours have long demanded: climate inaction is not only morally wrong, it is legally indefensible. This is a turning point for international climate justice."

The legal campaign for the ICJ opinion began in 2019, led by two youth-driven groups—Pacific Island Students Fighting Climate Change and World's Youth for Climate Justice—backed by over 1,500 civil society organisations, including from Bangladesh.

Vishal Prasad, director of Pacific Island Students Fighting Climate Change, remarked, "Today, the world's smallest countries have made history. The ICJ's decision brings us closer to a world where governments can no longer ignore their legal responsibilities. This ruling is a lifeline for Pacific—and other frontline—communities."

UN Secretary-General António Guterres welcomed the ruling, calling it "a victory for our planet, for climate justice, and for the power of young people to make a difference."

Though advisory in nature, the ICJ opinion carries significant legal and political weight. It is expected to be formally presented to the UN General Assembly, where Bangladesh and other nations are likely to support a resolution endorsing it. The ruling is also expected to influence upcoming international climate negotiations, particularly around the 1.5°C temperature target and financing for loss and damage.

Tasneem Essop, executive director of Climate Action Network International, summed it up: "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."