ICJ ruling: Climate protection is a human rights duty
Under international law, states have a legal obligation to protect the climate from the effects of greenhouse gas emissions.
This was the conclusion reached by the UN's International Court of Justice (ICJ) in an advisory opinion issued on Wednesday, July 23.
According to the ICJ, countries that are signatories to international climate change treaties, such as the UN Framework Convention, the Kyoto Protocol, and the Paris Agreement, are obliged not only to reduce emissions but also to adapt to climate change and cooperate with each other to achieve the goal of limiting global warming to 1.5 degrees Celsius, DW reports.
The Court also noted that even outside these climate agreements, states have a duty, under general international law, to prevent significant environmental damage, to take all available measures to avoid these effects, and to cooperate in this regard.
A clean environment – a human right
The Court reaffirmed that a clean, healthy, and sustainable environment is essential for the exercise of other human rights. Therefore, states must act to combat climate change specifically to ensure the observance of citizens' fundamental rights.
The UN Human Rights Council recognized this right through a resolution adopted on October 8, 2021, and the UN General Assembly reconfirmed this on July 28, 2022, officially declaring the right to a clean environment as a human right.
The International Court of Justice specifies that states failing to uphold their climate commitments must be held accountable. They are obliged to cease illegal actions, guarantee that these will not recur, and provide compensation to affected states.
Although the ICJ's advisory opinion is not legally binding, it carries considerable authority and can underpin legal actions, negotiations, or revisions of public climate policies, the UN notes.
Translation by Iurie Tataru
