In a landmark advisory opinion, the International Court of Justice (ICJ) declared Wednesday that states failing to address climate change could be violating international law, and may be held responsible for reparations to affected nations.

The ruling follows a 2023 request from the United Nations General Assembly, led by Vanuatu and supported by over 130 countries, aimed at clarifying legal obligations around greenhouse gas emissions and the consequences of environmental harm.

The ICJ concluded that countries have a duty to cooperate, regulate private actors, and protect the environment in line with human rights principles. Crucially, the court stated that a clean, healthy, and sustainable environment is a human right.

If there is a direct and certain causal link, the court held that states whose inaction causes harm could be legally obliged to provide restitution, compensation, or guarantees of non-repetition. The ruling empowers civil society and vulnerable nations to pursue legal accountability for historical and ongoing climate damage.

“The world’s highest court has given us a powerful new tool to protect communities from the climate crisis,” said Mary Robinson, former UN human rights chief.

Pacific activist Vishal Prasad added: “This opinion affirms a simple truth: those who did the least to fuel this crisis deserve protection, reparations, and a future.”

Global response

Major polluters like the United States and Russia have opposed court-imposed emissions reductions, while others, including small island nations, praised the ruling as a victory for climate justice.

The ICJ’s decision builds on other recent legal breakthroughs, including:

• The Inter-American Court of Human Rights ruling that states must protect and restore ecosystems

• The European Court of Human Rights judgment in 2024 affirming state obligations to protect citizens from climate impacts

• The Netherlands Supreme Court ruling in 2019 that climate protection is a human right

Although the advisory opinion is non-binding, it strengthens the legal foundation for future climate lawsuits and expands the framework for international responsibility.

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