ICJ Hears Case on Climate Responsibility of High-Emitting Nations

The United Nations (UN) is hearing its landmark case from 2 to 13 December 2024 in the Hague, Netherlands. The historic hearing will determine whether high-emitting countries are legally responsible for addressing climate change and their obligations to those reeling from its impacts.

The International Court of Justice (ICJ), commonly called the World Court, will hear statements from 98 countries. This marks the most significant participation the ICJ has ever seen. The ICJ will deliver an advisory opinion on states’ responsibilities regarding climate change.

The UN’s General Assembly requested the ICJ to provide an advisory opinion on the following questions: What legal obligations do states have to fight climate change? Should high-emitting countries be held responsible for the harm they have caused? And should states protect the climate for future generations?

How the case came to the ICJ

In September 2021, the Vanuatu government and other small island nations brought the case before the International Court of Justice (CJ), one of the six organs of the United Nations. This was necessitated by their high vulnerability to climate change impacts and to hold high emitters accountable for increased climate action.

Vanuatu then lobbied other countries to support this cause and formed a core group of UN member states to take the initiative forward in the General Assembly. Their discussion led to the development of resolution A/RES/77/276, which was adopted by the General Assembly on 29 March 2023, for which it then asked the ICJ for an advisory opinion on “the obligations of States in respect of climate change.”

Significance of the case

The court will hear from around 100 countries. The hearings allow countries and organisations to elaborate on their written statements and testify directly. The proceedings will mainly benefit the small island developing states by pushing wealthy and high-emitting countries to provide more climate finance to compensate for the loss and damage caused by climate change.

Small island developing states and other climate-vulnerable countries have criticised the US$300 billion a year climate finance deal made during COP29 as “insulting” and argue that it falls short of the over US$1 trillion needed to address the complexities of the climate crisis.

Non-binding advisory but carries significant political and moral weight

The ICJ is the principal judicial organ of the United Nations and the only international court that adjudicates general disputes between nations and gives advisory opinions on international legal issues. Although their advisory opinions are not binding, they are legally and politically significant.

The world’s highest court, which also serves as the UN’s principal judicial body, has significant moral authority through its advisors. Their recent opinion on climate change is crucial; it can guide future legal actions, affect diplomatic negotiations, and likely be referenced in numerous climate-related lawsuits worldwide. This includes cases where small island nations are pursuing compensation from developed countries for historical climate damage.

Who are the high-emitting countries?

Data on WRI’s Climate Watch platform shows that just ten countries contribute more than 75% of the world’s planet-warming pollution, but their emissions have changed over time. For instance, the United Kingdom was the world’s largest CO2 emitter in 1850. Its emissions were nearly six times those of the United States, the second-ranked country then.

According to the latest available data, China is the world’s largest CO2 emitter as of 2022, followed by the United States, India, Russia, and Japan.

The WRI visually represents how the top emitting countries and regions have changed over time as their populations and economies grow. However, these trajectories have shifted at various points in history. The United States became the world’s top emitter in the late 1800s, followed by the United Kingdom and Germany.

This emission trend was occasionally interrupted by historical events such as the Great Depression in the 1930s and the end of World War II in 1945. Still, it continued through the first half of the century, making the United States and the EU the largest cumulative emitters. The WRI notes that they are responsible for most of the CO2 in the atmosphere.

While the United States remained the top CO2 emitter throughout the 20th century, China’s economy and fossil fuel consumption rapidly grew. In 2005, it surpassed the US as the world’s top emitter.