Sriam Mudusoodanan, Taproot Earth's International Systems Specialist, responded to the United States' statement on climate change obligations at the International Court of Justice by saying:

“Last week, U.S. lawyers representing the Biden Administration stood before the world's highest court and argued against the people and communities most impacted by the climate crisis. Before a 15-judge panel of the International Court of Justice, the United States downplayed its legal obligations, to claim only the obligation to submit a plan to reduce GHG emissions under the Paris Agreement.

This unaccountable conduct is part-and-parcel of the denial of the devastating and climate-advancing impact that the US’ extraction and consumption-based economy is having on the world. 

The U.S. has long worked to weaken the effectiveness of global climate action in the UN climate negotiations process. As one of the leading drivers of the ecological breakdown, the US has a clear moral obligation to take action. 

Taproot Earth stands in solidarity with those most impacted by the climate crisis from the U.S. Gulf South and Appalachia to the Global South – and most especially with our brothers and sisters in the Pacific islands who are leading this call. Every year of failed action and continued fossil fuel poisoning is another year of devastation for the global climate frontlines.

We urge the International Court of Justice to rule on the right side of history and follow the frontlines who are demanding justice and repair for our world.”

Memo

What is happening?

The highest UN court - the International Court of Justice (ICJ) - is hearing oral arguments on a landmark climate litigation case brought by the small island state of Vanuatu. Vanuatu is asking the ICJ to clarify legal obligations and consequences for states under international law to take climate action.

Following two weeks of hearings, the ICJ is tasked to issue an advisory opinion (AO) on states’ legal obligations for climate action, which is expected to be released in 2025 (potentially summer). A historic advisory opinion upholding the legal duty for states to protect ocean and marine environments from climate impacts was released earlier this year by the International Tribunal on the Law of the Sea (the court of the world’s oceans). A similar case is currently before the Inter-American Court on Human Rights. 

Why is this happening?

Starting in 2019, students from the Pacific islands starting calling for Vanuatu to ask the International Court of Justice to intervene given the decades of inaction and broken promises on climate action. 

In Sept 2021 - Vanuatu announces its intention to seek an adv opinion from the ICJ

• Pushed for by youth group - Pacific Island Students Fighting Climate Change
• Specific vulnerability of Vanuatu and other SIDS to climate change

In March 2023 - Resolution passes the UN General Assembly - 132 countries co-sponsored. 

• Resolution drew upon:some text
  • resolution drew upon “particular regard” to the UN Charter, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the UN Framework Convention on Climate Change, the Paris Agreement, the UN Convention on the Law of the Sea and rights recognised in the Universal Declaration of Human Rights, “the principle of prevention of significant harm to the environment and the duty to protect and preserve the marine environment”.

Why is this case so significant?

• This case is the largest ever seen by the world court, with 91 written statements filed with the court’s registry alongside 62 written comments on these statements submitted by the court’s extended deadline of 15 August 2024. 
• A similar record number of 97 States and eleven international organizations are scheduled to participate in the oral proceedings. These hearings are a chance for countries and organizations to elaborate on their written statements and testify directly. 
• These hearings are vital to establish a stronger framework of accountability that sets clear international legal obligations for climate action.

What is the International Court of Justice?

The International Court of Justice (ICJ) is one of the world’s highest courts. States can bring legal actions against one another at the International Court of Justice. The ICJ’s advisory opinions are non-binding but do carry political and legal authority. For example, the ICJ’s advisory opinion on Israel’s human rights abuses in Gaza has been a powerful weight of international legal authority and opinion following a global outcry.