Holding Court

ICJ MAKES HISTORIC CLIMATE RULING

On Wednesday 23rd July 2025, the International Court of Justice (ICJ) (the United Nation's highest court) published a historic decision on climate change. Clearing the way for countries to sue each other, now and over historic emissions of planet-warming gases, the document outlines states' responsibilities under international law, affirming they have an "obligation to prevent significant damage to the environment" and must "cooperate in good faith" to curb climate change. The court said countries were also responsible for the actions of companies under their jurisdiction or control and the judge said that under international law, "The human right to a clean, healthy and sustainable environment is essential for the enjoyment of other human rights."

This was the largest case ever seen by the ICJ, with 150 submissions and was instigated by law students and activists in the low-lying Pacific nation of Vanuatu who were frustrated about lack of global action. Climate change compounds the risk to island communities who have done the least to contribute to the problem. Vanuatu is regularly subject to cyclones, earthquakes, tsunamis, volcanoes, flooding and drought.

In 2023 Vanuatu and other island nations succeeded in passing a UN General Assembly resolution which asked the ICJ to give an advisory opinion on countries' obligations to protect the climate system and the legal consequences for states causing "significant harm" to the Earth's climate. Whilst this 2025 ICJ 133-page advisory is not binding, experts say it will still have major consequences for global climate action as it will open doors for future climate litigation and is likely to be cited in future climate negotiations.

UN Secretary-General Antonio Guterres issued a video message welcoming the historic decision, which came a day after he delivered a special address to Member States on the unstoppable global shift to renewable energy.

"This is a victory for our planet, for climate justice and for the power of young people to make a difference," he said.