WATCH: Wins in the historic World Court opinion on climate crisis

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The ICJ says breach of responsibility by big states may constitute an internationally wrongful act

MANILA, Philippines – The International Court of Justice (ICJ) delivered its historic advisory opinion on climate crisis on Wednesday, July 23, giving wins to small states which wanted a legal framework to hold accountable the big states that are in breach of their responsibility to protect climate systems.

Among others, the ICJ said the adverse effects of climate change impair so many of our human rights. The court also said other laws on human rights, laws of the sea, and other conventions are applicable.

Big states, which are the big polluters, would have wanted the court to say that only climate treaties apply. Had they ruled that way, big states would have continued to hide under those deficient treaties.

The ICJ also said should a causation be proven, the breach of responsibility may constitute an internationally wrongful act.

This is an advisory opinion, and not a legally-binding ruling. Still, this is seen as a win because the opinion, as ICJ Judge Iwasawa Yuji said, should “allow the law to inform and guide social and political action to address the climate crisis.”

“Good decision so far. Clarifies the interrelationships of the relevant treaties and customary law. Also, the general obligations of states. ..Hopefully lawyers can be creative to find ways to enforce the obligations including commitments under the Nationally Determined Contributions (NDCs) et al in local and international courts,” said Supreme Court Senior Associate Justice Marvic Leonen as a initial reaction, adding he “will need to carefully review the opinion some more.”

The ICJ says the state’s NDCs should reflect the highest ambition.

Reporters Lian Buan and Iya Gozum give initial summaries right after the 2-hour session at The Hague.

– Rappler.com