Case Law Database
Request for an Advisory Opinion from the International Court of Justice
| Date of Application: | Wed, 01 Mar 2023 |
|---|---|
| Date of Decision: | Wed, 23 Jul 2025 |
| Decision Making Body: | International Court of Justice |
| Law Applied: | Convention on the Rights of the Child International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights UN Convention on the Law of the Sea Universal Declaration of Human Rights |
| Keywords: | International law obligations, Restitution, Loss and damage |
| Full Case Details - Download Full Judgment (pdf) |
Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change UN General Assembly, Report of the International Court of Justice A/77/L.58 (1 March 2023)
The request for an advisory opinion acknowledges that “climate change is an unprecedented challenge of civilizational proportions and that the well-being of present and future generations of humankind depends on our immediate and urgent response to it”. The UNGA resolution also takes note of the scientific consensus expressed, inter alia, in the reports of the Intergovernmental Panel on Climate Change. In particular, the UNGA underscores that anthropogenic emissions of greenhouse gases are “the dominant cause of the global warming observed since the mid-20th century” and that human-induced climate change “has caused widespread adverse impacts and related losses and damages to nature and people.”
In this context, the UNGA recalls the importance of the United Nations Framework Convention on Climate Change and the Paris Agreement “as expressions of the determination to address decisively the threat posed by climate change”. The resolution also underscores the importance of implementing these treaties, particularly in light of the significant gap between States’ current nationally determined contributions and the emission reductions required to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C, as well as the gap between current levels of adaptation and the levels needed to respond to the adverse effects of climate change.
Therefore, in accordance with Article 96 of the Charter of the United Nations, the UNGA requests the ICJ to render an advisory opinion on the following questions:
“Having particular regard to the Charter of the United Nations, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the United Nations Framework Convention on Climate Change, the Paris Agreement, the United Nations Convention on the Law of the Sea, the duty of due diligence, the rights recognized 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,
(a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations;
(b) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
(i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?
(ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”
On April 12, 2023, the request for an advisory opinion was transmitted to the Court by the Secretary-General of the United Nations. Presentations of written statements were due on March 22, 2024. The ICJ received 91 written statements.
Written comments were submitted on August 15, 2024. The ICJ received 62 written comments. The public hearings were held in December 2024.
On 23 July 2025 the ICJ delivered its historic Advisory Opinion. The Court confirmed the right to a healthy environment under international law, and its importance to all other human rights, including children's rights and especially the right to life. The Court confirms the duties of states to "prevent significant harm to the environment" and the "duty to co-operate" with other states to do so. The duty applies to states even if they are not party to the climate conventions. The court confirmst that states are required to prevent both current and future harm, and emphasises their duties to future generations, and the importance of the principle of intergenerational equity.
Related CRC articles
- 7. Right to a name and nationality (CRC Article 7)
- 16. Right to privacy, family, home, communications and reputation (CRC Article 16)
- 22. Rights of migrant and refugee children (CRC Article 22)
- 23. Rights of disabled children (CRC Article 23)
- 27. Right to an adequate standard of living (CRC Article 27)
- 30. Right to minority culture, language, religion (CRC Article 30)
The ICJ Advisory Opinion
363. Several participants argued that sea level rise also poses a significant threat to the territorial integrity and thus to the very statehood of small island States. In their view, in the event of the complete loss of a State’s territory and the displacement of its population, a strong presumption in favour of continued statehood should apply. In the view of the Court, once a State is established, the disappearance of one of its constituent elements would not necessarily entail the loss of its statehood.
381. In the view of the Court, the enjoyment of the right to privacy, family and home, protected by Article 17 of the ICCPR, is also likely to be hindered by the adverse effects of climate change. The Court considers that a State’s failure to implement timely and adequate adaptation measures to address the adverse impacts of climate change may violate the right to privacy, family and home (see Daniel Billy and others v. Australia (Torres Strait Islanders Petition), 21 July 2022, UN doc. CCPR/C/135/D/3624/2019, paras. 8.9-8.12).
382. Climate change may also impair the enjoyment of the rights of women, children and indigenous peoples (see Joint Statement on “Human Rights and Climate Change”, Committee on the Elimination of All Forms of Discrimination against Women, Committee on Economic, Social and Cultural Rights, Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, Committee on the Rights of the Child and Committee on the Rights of Persons with
Disabilities, 16 September 2019, para. 3... As recalled above, the preamble to the Paris Agreement provides that parties should, when taking action to address climate change, respect, promote and consider the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations as well as gender equality (see paragraph 374).
393. The Court thus concludes that, under international law, the human right to a clean, healthy and sustainable environment is essential for the enjoyment of other human rights.
UN General Assembly decision:
"Recalling its resolution 77/165 of 14 December 2022 and all its other resolutions and decisions relating to the protection of the global climate for present and future generations of humankind, and its resolution 76/300 of 28 July 2022 on the human right to a clean, healthy and sustainable environment."
Written submission by Robert F. Kennedy Human Rights and others:
"9. The UN Human Rights Committee (HR Committee) and UN Committee on the Rights of the Child (CRC) have also emphasized how States not addressing climate change violates various human rights. In Daniel Billy and others v. Australia, the HR Council found that Australia’s failure to adequately protect Indigenous Torres Islanders against climate change impacts violated the Indigenous community’s rights to be free from arbitrary interferences with their private life, family, and home and enjoy their culture under articles 17 and 27 of the International Covenant of Civil and Political Rights (ICCPR).14 In Chiara Sacchi, et al. v Argentina, Brazil, France, Germany and Turkey, the CRC found that States can be held responsible for the human rights impacts of their carbon emissions on children both within and outside its territory."
Some countries refer to CRC rights.
Lichtenstein in their oral arguments say: The rights of children to a clean, healthy and sustainable environment are impacted by climate change in ways that can affect their physical and mental health.
https://www.icj-cij.org/sites/default/files/case-related/187/187-20241206-ora-02-00-bi.pdf
The AU, in its answers to questions say: 51. As regards the intrinsic relationship between the right to a clean, healthy, and sustainable environment and other rights (such as the right to life, the right to health, cultural rights, privacy and home rights, various children’s rights, and rights to an adequate standard of living, including the rights to housing, food, and water), it has been emphasized by UN Treaty Bodies 100 as well as by regional human rights courts.101 By way of example, in the case Social and Economic Rights Centre (SERAC) and Centre for Economic and Social Rights (CESR) v. Nigeria, the African Commission on Human and Peoples’ Rights, stressed “the importance of a clean and safe environment that is closely linked to economic and social rights in so far as the environment affects the quality of life and safety of the individual”.
Cited CRC articles
- 2. Right to non-discrimination (CRC Article 2)
- 6. Right to life, survival and development (CRC Article 6)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
- 43. Procedural CRC provisions (CRC Articles 43-54)
In the ICJ Advisory Opinion:
377. The adverse effects of climate change may impair the enjoyment of the right to life in various ways. The right to life is recognized in Article 3 of the Universal Declaration on Human Rights. It is enshrined in human rights treaties, such as in Article 6 of the ICCPR, which provides that “[e]very human being has the inherent right to life” and in Article 6 of the Convention on the Rights of the Child, which recognizes that “every child has the inherent right to life”.
379... There is thus a close link between the right to health and the environmental conditions in which an individual lives. Consequently, States are responsible for promoting environmental conditions that ensure the enjoyment of the right to health. This right is also protected by Article 25 of the Universal Declaration of Human Rights, and Article 24, paragraph 1, of the Convention on the Rights of the Child which affirms “the right of the child to the enjoyment of the highest attainable standard of health”.
401. Furthermore, with respect to the Convention on the Rights of the Child, the Court has observed that Article 2 thereof provides that “States Parties shall respect and ensure the rights set forth in the . . . Convention to each child within their jurisdiction” and concluded that this Convention was therefore applicable “within the Occupied Palestinian Territory” (Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004 (I), p. 181, para. 113).
The UN General Assembly decision to request the AO refers to the CRC generally, as does the written submissions of other stakeholder. The African Union submission, and CIEL's Memorandum on the Rights of Future Generations, cites UNCRC General Comment 26.
Involvement of children in hearings
- Oral presentation
- Written presentation
In addition to having input on written submissions, several states gave opportunity to youth representatives to make oral statements at the public hearings at the ICJ in December 2024.
Mr Mert Kumru, Youth Representative, World’s Youth for Climate Justice, appeared for the Kingdom of the Netherlands.
Ms Brenda Reson Sapuro, Youth Representative, appeared for the Organisation of African, Caribbean and Pacific States.
Intergenerational rights
In the ICJ Advisory Opinion
156. Intergenerational equity is an expression of the idea that present generations are trustees of humanity tasked with preserving dignified living conditions and transmitting them to future generations.
157. In the Court’s view, intergenerational equity is a manifestation of equity in the general sense and thus shares its legal significance as a guide for the interpretation of applicable rules. Accordingly, considerations of intergenerational equity must play a role infra legem, without displacing or exceeding the limits of the applicable law.
161. For these reasons the Court concludes that the principles of sustainable development, common but differentiated responsibilities and respective capabilities, equity, intergenerational equity and the precautionary approach or principle are applicable as guiding principles for the interpretation and application of the most directly relevant legal rules.
Written submissions by the African Union include:
"By formulating such a remedy — debt cancellation — the Court would contribute to intergenerational equity towards the future generations of Africans, in particular children, whose fundamental rights are being constrained by climate change, and the shackles of debt."
Future generations
In the ICJ Advisory Opinion
157 ... Due regard for the interests of future generations and the long-term implications of conduct are equitable considerations that need to be taken into account where States contemplate, decide on and implement policies and measures in fulfilment of their obligations under the relevant treaties and customary international law.
273. The duty to prevent significant harm to the environment also applies to the climate system, which is an integral and vitally important part of the environment and which must be protected for present and future generations.
Also see CIEL Memorandum on the Rights of Future Generations
Outcome of decision for the applicants
- Relief sought by applicants granted
A: The Court finds that climate change treaties set forth binding obligations for States parties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions. These obligations include the following:
(a) States parties to the UNFCCC have an obligation to adopt measures with a view to contributing to the mitigation of greenhouse gas emissions and adapting to climate change;
(b) States parties listed in Annex I to the UNFCCC have additional obligations to take the lead in combating climate change by limiting their greenhouse gas emissions and enhancing their greenhouse gas sinks and reservoirs;
(c) States parties to the UNFCCC have a duty to co-operate with each other in order to achieve the underlying objective of the Convention;
(d) States parties to the Kyoto Protocol must comply with applicable provisions of the Protocol;
(e) States parties to the Paris Agreement have an obligation to act with due diligence in taking measures in accordance with their common but differentiated responsibilities and respective capabilities capable of making an adequate contribution to achieving the temperature goal set out in the Agreement;
(f) States parties to the Paris Agreement have an obligation to prepare, communicate and maintain successive and progressive nationally determined contributions which, inter alia, when taken together, are capable of achieving the temperature goal of limiting global warming to 1.5°C above pre-industrial levels;
(g) States parties to the Paris Agreement have an obligation to pursue measures which are capable of achieving the objectives set out in their successive nationally determined contributions; and
(h) States parties to the Paris Agreement have obligations of adaptation and co-operation, including through technology and financial transfers, which must be performed in good faith.
Did outcome of decision develop the law
- Yes
B: The Court finds that customary international law sets forth obligations for States to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions. These obligations include the duty to:
(a) Prevent significant harm to the environment by acting with due diligence and to use all means at their disposal to prevent activities carried out within their jurisdiction or control from causing significant harm to the climate system and other parts of the environment, in accordance with their common but differentiated responsibilities and respective capabilities;
(b) Co-operate with each other in good faith to prevent significant harm to the climate system and other parts of the environment, which requires sustained and continuous forms of co-operation by States when taking measures to prevent such harm;
E. States have obligations under international human rights law to respect and ensure the effective enjoyment of human rights by taking necessary measures to protect the climate system and other parts of the environment;
(4) A breach by a State of any obligations identified constitutes an internationally wrongful act entailing the responsibility of that State. The responsible State is under a continuing duty to perform the obligation breached. The legal consequences resulting from the commission of an internationally wrongful act may include the obligations of:
(a) cessation of the wrongful actions or omissions, if they are continuing;
(b) providing assurances and guarantees of non-repetition of wrongful actions or omissions, if circumstances so require; and
(c) full reparation to injured States in the form of restitution, compensation and satisfaction, provided that the general conditions of the law of State responsibility are met, including that a sufficiently direct and certain causal nexus can be shown between the wrongful act and injury.
Involvement of NGO/law firm in application
Various NGOs were key to the advocacy, leading to the UN General Assembly's decision to request an advisory opinion, including:
World's Youth for Climate Justice (WYCJ) played a key role, and made submissions to the court.
Pacific Islands Students Fighting Climate Change (The Pacific)
World’s Youth for Climate Justice (The Hague/Global)
Available information on how children got involved in the litigation
The Witness stand is a website created by NGOs to allow individuals to record their stories, for the purpose of the court proceedings.
Age range of litigants
- Other (Under 25)