International Human Rights Day: Climate Justice in The Hague

They started their campaign in 2019, with the slogan: “We are taking the world’s biggest problem to the world’s highest court!” The students emphasised the concept of climate justice and sought to focus attention on the voices of those most affected by global warming. Their campaign, which brought together numerous Pacific island governments, headed by Vanuatu, led to a UN General Assembly resolution requesting an advisory opinion from ICJ.

On December 2nd, historic public hearings began in The Hague with representatives from more than 100 countries and organisations, which will last until the end of this week. This is the largest climate case in the history of this Court, which adjudicates disputes between states and provides advisory opinions on major international legal issues. In this case, the UN asked the judges to weigh in on exactly what international law requires states to do about climate change and what the consequences should be for states that harm the climate through their actions or omissions.

Pacific island nations and activists argue that the climate crisis is a major threat to the human rights of people around the world and that those responsible should be held legally accountable.

They also say that the way states are currently trying to address climate change – such as the recent UN conference in Azerbaijan – is grossly inadequate. Vanuatu representatives say the failure to limit greenhouse gas emissions constitutes a “continuous violation of international law” that requires stronger action and reparations.

“I choose my words carefully when I say that this well may be the most consequential case in the history of humanity”, Vanuatu’s special envoy for climate change and the environment, Ralph Regenvanu, told the court last Monday. “Let us not allow future generations to look back and wonder why the cause of their doom was condoned."

These hearings are the first of their kind and are therefore historic and may set a precedent. Although the Court’s opinions are not legally binding, they carry weight and are likely to set the framework for future legal cases related to climate justice.

As it's Human Rights Day, it is also worth noting that nearly 200 environmental defenders were killed last year, mostly in Latin America, according to a report by Global Witness. The alarming figures show that more than 2.100 were killed worldwide between 2012 and 2023. Environmental defenders are also increasingly subject to a range of silencing tactics across Asia, the UK, the EU and the US.