By Abdullahi Lukman
The International Court of Justice (ICJ) has declared that governments failing to act on climate change may be violating international law, opening the door for legal action from communities already suffering the consequences of global warming.
In an advisory opinion issued on Wednesday , the ICJ stated that climate change poses an “urgent and existential threat” and that greenhouse gas emissions are “unequivocally caused by human activities.”
The court said that states are legally obligated to act on the latest climate science, consistent with international goals such as the 1.5°C limit set in the 2015 Paris Agreement. It also affirmed that those affected by climate impacts have legal avenues to seek compensation for loss and damage.
The opinion was requested by the United Nations General Assembly following a campaign led by Vanuatu and other small island nations, supported by Pacific youth and civil society groups.
These nations urged the court to clarify the responsibilities of states under international law in relation to climate change.
While the ICJ’s opinion is non-binding, it carries significant political and legal influence and is expected to guide future climate litigation and treaty negotiations.
Legal experts say the ruling establishes a new benchmark, reinforcing the view that climate inaction could constitute a breach of international obligations.
The decision adds to growing global efforts to hold governments accountable through legal systems.
Last year, the European Court of Human Rights ruled in favour of a group of older Swiss women, finding that their government’s failure to take sufficient climate action endangered their right to life.
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That verdict set a precedent for other European human rights cases related to climate change.
Meanwhile, the International Criminal Court has begun formal discussions to recognise ecocide—severe and widespread environmental destruction—as a prosecutable crime under the Rome Statute.
If adopted, individuals such as government leaders and corporate executives could face trial for acts like deforestation and oil spills.
Advancements in climate attribution science are also reshaping legal strategies. A recent study linked 171 deaths during a June 2025 heatwave in London directly to climate change.
Legal groups, such as Friends of the Earth, are using such data in cases like their upcoming challenge to the UK Government’s climate adaptation plan at the European Court of Human Rights.
Reaction to the ICJ opinion has been swift. Noah Walker-Crawford of the Grantham Research Institute said the decision aligns international law with scientific consensus and strengthens the foundation for holding both states and corporations accountable.
Mohamed Adow of Power Shift Africa called it “a rocket boost for climate justice,” stating it validates the demands of vulnerable nations for reparations and real climate finance.
Greenpeace legal counsel Danilo Garrido said the ruling marks the beginning of a new era of climate accountability, warning that continued fossil fuel subsidies and emissions could now be viewed as breaches of international law.
Other climate leaders, including those from 350.org and IUCN, welcomed the decision as a powerful tool to compel stronger climate action and support systemic change.
The court’s announcement comes amid extreme weather events and record-breaking temperatures, reinforcing the urgency of rapid emissions cuts and climate finance for vulnerable communities.
Observers say the ICJ opinion could significantly influence outcomes at upcoming international climate talks, including COP30, by placing legal pressure on high-emitting states to meet their obligations.
