The ICJ Rules That Failing to Combat Climate Change Could Violate International Law

The International Court of Justice (ICJ) issued a landmark advisory opinion stating that countries failing to take decisive action against climate change may be violating international law and could be held liable for damages caused to humanity. The ICJ, the UN’s highest judicial body, unanimously emphasized the urgent and existential nature of the climate crisis, declaring that a “clean, healthy, and sustainable environment” is a human right. This framing elevates climate change from an environmental or economic issue to one of justice and fundamental rights, potentially influencing future international legislation and litigation by making it easier to hold polluting states accountable. The advisory opinion arose from a 2019 initiative by students from Vanuatu, a Pacific island nation vulnerable to climate impacts, who sought legal recognition of government inaction on climate change as an existential risk. The ICJ analyzed obligations under key international treaties—including the UN Charter, Universal Declaration of Human Rights, Paris Agreement, and Kyoto Protocol—and concluded that states must act with due diligence to prevent environmental harm caused