Knowledge Nugget: Why ICJ ruling on climate change is important for your UPSC exam

Why in the news?

Last week, the 15-judge panel of the International Court of Justice (ICJ) delivered a landmark ruling that countries are under a legal obligation to take steps to reduce greenhouse gas emissions, and could be held liable to pay compensation if they failed to do so. The ruling has come in the form of an advisory opinion of the court, and does not, on its own impact any country immediately. It can nonetheless have significant implications for the global fight against climate change.

Key Takeaways:

1. The case was initiated by Vanuatu, a Pacific island nation with a population of just 3,00,000. In March 2023, it led a coalition of small island states to secure consensual approval from the United Nations General Assembly to ask the ICJ two questions:

(i) What are states legally required to do to address climate change, and

(ii) What are the consequences if they do not fulfil these duties?

2. By making it clear that climate action is not just a policy imperative for countries but a legally-binding commitment under international law, the ruling strengthens the position of developing countries and everyone else advocating enhanced climate action from the rich and industrialised world.

3. Notably, the opinion of the ICJ is advisory, meaning it is non-binding legal advice delivered by the Court upon an advisory opinion sought by the United Nations or specialised agencies. However, it is the most authoritative interpretation of international law on the subject, and it is likely to be relied upon by courts around the world in deciding matters that come before them.

4. The court concluded that climate action was not a matter of choice or preference, but a legal obligation: countries were obligated to take measures that contributed to the reduction of greenhouse gas emissions.

5. It identified several other obligations of countries, and said that failure to fulfil them would constitute “an internationally wrongful act” which could have legal consequences. These could include being held liable to provide full reparation to countries that suffer on account of climate disasters, or other impacts of climate change.

6. The ICJ’s opinion that countries that suffer from climate impacts — it calls them “injured states” — are entitled not just to compensation, but full reparation, is a major development.

7. Small island states and other climate-vulnerable nations from the Global South invoked the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC), arguing that developed countries — having contributed most to the climate crisis—must bear a greater share of the burden in mitigation and finance.

8. It is important to note that the actual impact of the ruling will become evident only when it begins to be cited as precedent in individual cases on climate-related disputes, and from the treatment that it receives from governments.

What does the IPCC report tell us about the state of climate change?

1. Established in 1988 by the World Meteorological Organisation (WMO) and the UN Environment Programme (UNEP), the Intergovernmental Panel on Climate Change (IPCC) produces comprehensive assessment reports (ARs) that are considered the most authoritative source of scientific knowledge on climate change.

2. So far, it has released six ARs — the final synthesis report of the sixth AR came out in March 2023. According to the website of IPCC, “It is now in its Seventh Assessment Report cycle. The seventh cycle is expected to run until at least 2029.”

Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC).

3. The Sixth Assessment Reports, published in three parts, flagged more intense and frequent heat-waves, increased incidents of extreme rainfall, a dangerous rise in sea-levels, prolonged droughts, and melting glaciers.

4. They also warned that multiple climate change-induced disasters were likely in the next two decades, even if strong action was taken to reduce the emissions of greenhouse gases.

5. According to the report, the world is on track to breach the 1.5 degree Celsius global warming limit by the 2030s, which would cause irrevocable damage to the planet’s ecosystem and severely impact humans and other living beings.

6. It further noted that there is still a chance to avert this mass-scale destruction, but it would require an enormous global effort to slash greenhouse gas emissions in half by 2030 and completely phase them out by 2050.

BEYOND THE NUGGET: What is the ICJ, and how is it different from the International Criminal Court  (ICC)?

1. The ICJ is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. It is one of the six principal organs of the UN.

2. The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being through, and by, the League of Nations, and which held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.

3. After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ, respectively. Like the PCIJ, the ICJ is based at the Peace Palace in The Hague. It is the only principal organ of the UN that is not located in New York City.

The ICC, headquartered in The Hague, Netherlands, was established under a 1998 treaty called the “Rome Statute”. (AP Photo)

4. Headquartered in  The Hague, Netherlands, the ICC was established under a 1998 treaty called the “Rome Statute”. It is independent of the UN. It “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.”

5. Presently, 123 countries are party to the ICC, but India, China, and the USA are not members of the ICC. India has neither signed nor ratified the Rome Statute. On the other hand, India is a party to the ICJ.

6. Unlike the ICJ, which deals with countries and inter-state disputes, the ICC prosecutes individuals. The ICC can also practise its jurisdiction over cases referred by the UN Security Council to it.

Post Read Question

Consider the following statements:

1. The Rome Statute led to the foundation of the International Court of Justice (ICJ).

2. India is not a member of the International Criminal Court (ICC).

3. ICJ is the only UN principal organ whose headquarters are not located in New York City.

Which of the statements mentioned above is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2, and 3

(Source: The milestone ICJ opinion on climate obligations is not just a verdict from afar, but a compass, Why ICJ ruling on climate change is significant, New IPCC assessment cycle begins: What this means, Explained: What is the IPCC, and why are its Assessment Reports important?

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