The ICJ’s Advisory Opinion: A Potential Game-Changer for Climate Accountability
This December, the International Court of Justice (ICJ) begins hearings on a historic request for an advisory opinion on climate change. These proceedings represent a pivotal moment for global climate governance, offering the potential to clarify States’ legal responsibilities to address the climate crisis. In anticipation of this critical moment, our May conference brought together experts and advocates to explore the very issues now taking center stage in The Hague.
Dr. Emmanuel Awuku at the UCLA Law Promise Institute Europe’s Conference
The ICJ’s Advisory Opinion: A Potential Game-Changer for Climate Accountability
Amidst various relevant discussions, one panel focused on the ICJ advisory opinion and its potential impact on the future of global climate accountability.
Chaired by H.E. Ambassador Cheryl E. Bazard of the Bahamas, the panel examined the complex legal and moral questions surrounding state responsibility for climate harms. The panel featured insights from four experts, each offering unique perspectives on the role of international law in addressing climate change:
Professor André Nollkaemper of the University of Amsterdam highlighted the critical challenge of linking scientific evidence with legal accountability. His exploration of causation in state responsibility underscored how the ICJ’s opinion could shape international law and accountability frameworks.
Dr. Emmanuel Awuku, representing the Organisation of African, Caribbean, and Pacific States (OACPS), described the ICJ’s advisory opinion as a potential “game-changer” for global climate governance. He emphasized how it could clarify States’ obligations to protect present and future generations and address the consequences of causing significant harm to the climate system.
Professor Patrícia Galvão Teles, a member of the International Law Commission, stressed the urgent need for States to meet their legal obligations through transnational cooperation. “Everything boils down to a very simple message,” she said, “states need to do more—not only from a moral and political point of view, but also from a legal point of view.”
Ms. Nicole Ponce, a lawyer-advocate serving as the Asian front convener for World’s Youth for Climate Justice (WYCJ), offered a powerful call for intergenerational justice, amplifying the voices of youth and vulnerable communities most affected by climate change. Her testimony underscored the importance of including young voices in legal and policy discussions on climate responsibility.
As the panelists emphasized back in May, the upcoming ICJ hearings and subsequent advisory opinion could drive transformative change in the global response to climate change. Now, that pivotal moment has arrived. These proceedings offer an unprecedented opportunity to clarify States’ legal obligations and strengthen international accountability in the fight against climate change.
Watch the full panel discussion below.