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Vanuatu urges ICJ to recognise climate change harms

December 2, 2024

The outcome of the landmark case could lead to the establishment of legal framework for holding countries accountable in the fight against climate change

https://p.dw.com/p/4ndFl
Activists protest outside the International Court of Justice, in The Hague, Netherlands, as it opens hearings into what countries worldwide are legally required to do to combat climate change
Activists hope the opinion from the ICJ's judges will have far-reaching legal consequences in the fight against climate changeImage: Peter Dejong/AP Photo/picture alliance

Vanuatu urged the International Court of Justice (ICJ) it to recognize the severe harm caused by climate change and the legal responsibilities of nations to combat it.

"We find ourselves on the front lines of a crisis we did not create, a crisis that threatens our very existence," Ralph Regenvanu, Vanuatu's special envoy for climate change and the environment, told the court as proceedings got underway.

Vanuatu, was the first of over 100 countries and organizations to present its views in the two-week proceedings seeking an advisory opinion from the World Court.

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They demand that the failure to address climate change be declared a violation of international law.

"We look to the court for recognition that the conduct which has already caused immense harm to my people and so many others is unlawful, that it must cease, and that its consequences must be repaired," Regenvanu said.

The hearings began a week after developing nations criticized the COP29 summit outcome, where wealthier countries pledged $300 billion annually by 2035 to help poorer nations combat climate change, as inadequate.

COP29 deal dubbed an 'illusion' by poor nations

Solomon Islands youth climate activist Cynthia Houniuhi told the judges the future for the young people in small island states was uncertain and determined by major polluting nations that caused climate change.

"As judges of the World Court, you possess the power ... to help us course correct and renew hope in humanity's ability to address the greatest challenge of our time," she said.

Arnold Kiel Loughman, attorney- general of the Vanuatu archipelago nation said that states have obligations to act with due diligence, to prevent significant harm to the environment, to reduce emissions, and to provide support to countries like his.

When is the ICJ set to rule?

Aside from small island states and numerous Western and developing countries, the court will also hear from the world's top two emitters of greenhouse gases, China and the United States.

Saudi Arabia, one of the world's largest exporter of crude oil, on Tuesday urged the court to be cautious.

Prince Jalawi Turki al Saud, speaking on behalf of the Saudi government, said existing UN climate treaties already define state obligations, and going beyond them "would risk undermining the integrity of this regime" and hinder future progress.

 Activists protest outside the International Court of Justice, in The Hague, Netherlands
The world agreed in 2015 to try to limit global heating to 1.5 degrees Celsius above pre-industrial level but it did not prescribe how to achieve that and it is nowhere near on track.Image: Peter Dejong/AP Photo/picture alliance

While activists are hopeful the outcome of the hearings will have far-reaching legal implications for violators others are skeptical given that the UN's highest court might take even years to implement.

Any decision will be non-binding because the court has no concrete means to enforce its rulings.

The hearings will continue until December 13. The court's opinion is expected to be delivered in 2025.

lo,mfi/zc (AFP, AP, Reuters)