Major Milestone in Historic Climate Change Advisory Opinion
22 March 2024, Español aqui, Français ici
22nd March 2024 marks a major milestone in the campaign for an Advisory Opinion on climate change and human rights from the International Court of Justice. Today, over 80 States and UN-authorised intergovernmental organizations have submitted their written submissions on questions that seek to clarify the obligations of States under International Law to address the adverse impacts of climate change.
These written statements will shape the final Advisory Opinion, representing a once-in-a-generation opportunity to contribute to the development of international law in the context of the climate crisis. An ambitious Advisory Opinion can acknowledge climate change as a human rights issue, strengthen the human rights-based response to the climate crisis, and clarify the obligations that States have towards current and future generations. Young people cannot directly participate in the proceedings before the Court; States nevertheless have the power to amplify youth voices by including them in their written submissions. The Youth Climate Justice Handbook, written from the youth’s perspective, facilitated this process: the Handbook includes state-of-the-art legal arguments on climate justice, tailored to the questions posed to the ICJ. Some States have annexed the Legal Memorandum from the Handbook as part of their written statements.
The world’s youth faces dire consequences of climate change on our human rights. That is why World's Youth for Climate Justice joined the Pacific Island Students Fighting Climate Change to mobilize the United Nations General Assembly to seek advice from the International Court of Justice (ICJ) through an Advisory Opinion (AO). One year ago, on 29th March 2023, the United Nations General Assembly unanimously adopted the historic resolution requesting an ICJ AO on climate justice. Under the leadership of Vanuatu, the resolution was co-sponsored by over 130 countries.
Moving forward, 24 June 2024 marks the deadline for States and admitted intergovernmental organizations to respond to written statements before the Court. As States can only participate in this commenting phase if they have made their own written submission, today's deadline represents a significant step in the journey toward climate justice. We are encouraging States to engage with this historic case at the ICJ, centering the voices of youth and most affected communities. Further, we urge States to prioritize the human rights of current and future generations in their responses to the written submissions.
With oral proceedings expected to take place in The Hague later this year, we strongly encourage States to deliver a progressive interpretation of their obligations and make global progress toward intergenerational equity and climate justice.
Thoughts from WYCJ’s Steering Committee
“As climate change worsens, Asian states will face growing challenges in meeting their duties to safeguard the rights and welfare of their citizens. Given the vulnerability of Asian nations to climate change and the looming threat of increased poverty and debt from climate-related disasters, influencing international law must be a priority concern for Asian States. The ICJ’s Advisory Opinion could provide the much-needed clarity and impetus to shift things in the right direction. The request for an advisory opinion acknowledges that ‘climate change is an unprecedented challenge of civilizational proportions and that the well-being of present and future generations of humankind depends on our immediate and urgent response to it (UNGA resolution).’ This is a campaign for our homes and our lives.”
Nicole Ponce, 29, Philippines, Asian Front
“This is a once in a lifetime opportunity for present generations to shape international standards on climate change and human rights. Latin America and its most vulnerable—poor, rural, indigenous, and coastal communities—are at the forefront of this existential threat. We demand that governments and international organizations ensure those most affected, specially youth, have an active role in this historic process before the World Court”.
José Rodríguez-Orúe, 27, Costa Rica, Latin-American Front
“In order to preserve the rights, freedoms and collective security of the generations to come, we must take transformative action in the midst of this climate crisis, whatever it takes. For Caribbean identifying states, it is imperative to acknowledge that unless international laws account for what climate change looks like for us, we will continue to fall victim to this global threat. We are flooding, burning and are at risk of losing more than just our homes and lives due to the unprecedented rise in atmospheric and oceanic heat. Climate change poses a direct threat to our cultural identity and heritage because as a region, we are bound to the ocean by more than geographics, for our hearts are bound to these very waters that threaten to engulf us. This Advisory Opinion is more than just a movement, this is a call for action and a plea for our existence as Small Islands in a big world.”
Ashawnté D. Russell, 26, The Bahamas, Caribbean Front
“March 22nd is a vital day in the long journey for climate justice. Many States, especially from the global south will present their legal arguments before the ICJ for the historic Advisory Opinion on Climate Change and Human Rights. It marks an important moment in to bring clarification of international law in solidifying climate and environmental justice by the ICJ.”
Aditi Shetye, 28, India, Legal Advocacy Coordinator
“The UN resolution requesting the ICJ for an advisory opinion in respect of climate change is itself a piece that creates more hope for humanity, especially our African and youth constituencies. Our future depends on how the global community acts on climate change, and we know that the current pace when it comes to climate action globally is discouraging because, for instance, we are nowhere near achieving sustainable development goals, and very far from doing justice to the Paris Agreement commitments. So, we’re hoping that States will or have presented their submissions before the courts without omitting the most important and principal element, the protection of current and future generations or humankind. And I am certainly hoping that the ICJAO on climate change will include stronger terms that encourage climate action in a more urgent manner.”
Khulekani Magwaza, 32, South Africa, African Front
“When young people from around the world came together five years ago to support our Pacific friends in mobilizing support for the first-ever climate change advisory opinion by the International Court of Justice, today seemed a distant dream. It is testament to the power of civil society that over 80 states are making submissions to the Court today. Alongside these state submissions, the Court must listen to the voices of those most impacted by climate change. I look forward to continuing to find innovative ways to bring youth voices into the Court room.”
Aoife Fleming, 26, Netherlands, Co-founder and Legal Coordinator
“The 22nd of March 2024 will be set in history as yet another milestone for the Climate ICJAO Campaign. Climate-vulnerable States have taken the voices of their frontline communities, youths, and future generations, and amplified them to the Judges of the International Court of Justice. What must be understood is that the effort does not end here and that the fight for climate justice carries on. There we will be detractors at the ICJ but they are few, and we are many. We cannot take the ICJ to the Pacific, so we will take the Pacific to the ICJ.”
Siosiua Veikune, 24, Tonga, Pacific Front
Note to Editors
About World’s Youth for Climate Justice
World's Youth for Climate Justice (WYCJ) is the global sister organization of the Pacific Islands Students Fighting Climate Change, and as such, one of the movements calling for the historic UN request for an advisory opinion on climate change and human rights from the International Court of Justice (the principal UN Court).
The historic UN resolution was adopted by consensus by the UN General Assembly on 29th March 2023, when the UN responded to the call of young people and the leadership of Vanuatu to request an ICJ advisory opinion on the obligations of States to reduce climate change, showing the significance of this global youth-led climate justice initiative and its support across the world.
With the first climate change ICJ advisory opinion currently pending, WYCJ seeks to clarify state obligations to protect the rights of present and future generations from climate change and make global progress toward intergenerational equity and climate justice, arguments contained in the Youth Climate Justice Handbook.
Website: www.wy4cj.org
Contact person(s):
For general contact: Mert Kumru, mert@wy4cj.org +31 6 26 94 37 42
For press inquiries: Quint van Velthoven & Marijn Vodegel, press@wy4cj.org
