In a “pivotal moment for the fight against climate change,” the International Union for Conservation of Nature will make history this week, calling on the International Court of Justice to make the obligation to address a changing climate a legal one for nations the world over, with legal ramifications for those countries that fail to act.

It marks the first time the International Court of Justice (ICJ) – the United Nations’ highest judicial authority – has taken up the issue of climate change, potentially reshaping the way in which global climate action is governed while strengthening the legal foundation for acting now.

It’s a stark reflection of just how critical a moment in the global response to the climate crisis this is. The world faces intensifying impacts from climate change – from rising seas threatening small islands to unprecedented heatwaves devastating communities.

It’s hoped that the ICJ proceedings will represent a turning point in international climate governance. The world will be watching as the International Union for Conservation of Nature (IUCN) and other participants chart a path towards stronger accountability, deeper cooperation, and a shared commitment to a sustainable future.

A total of 98 states and 12 international organisations have expressed their intention to participate in the oral proceedings before the court. The legal team at the IUCN will respond to two main questions:

• What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from human-produced greenhouse gas emissions?
  
• What are the legal consequences for states where they have caused significant harm to the climate system and other parts of the environment?

“These ICJ proceedings could establish that addressing climate change is not just a matter of political will or voluntary pledges, but a binding legal responsibility,” said Dr Grethel Aguilar, IUCN director general.

“The opinion of the Court offers a powerful opportunity to hold nations accountable for safeguarding the planet and our future generations. The ICJ now has a unique and historical opportunity at a critical moment for our planet and people, to affirm that climate action is a legal imperative, not just a moral one,” added Dr Aguilar.

The proceedings have, understandably, drawn ‘unprecedented’ participation from individual nations and international organisations. In fact, the ICJ has received no fewer than 91 written briefs and some 62 follow-up comments following its call for written submissions and questions.

“The sheer scale of engagement in this case reflects the urgency and importance of this issue,” said Professor Christina Voigt, chair of the IUCN World Commission on Environmental Law. “The IUCN’s contributions draw on decades of scientific expertise and legal acumen to present a compelling argument for immediate and effective climate mitigation action, based on several international legal sources. Our voice represents the collective concerns of states, scientists, and communities around the world.”

While this will be a groundbreaking first for the ICJ, this is also part of a growing trend across the globe that has seen courts increasingly called upon to address climate inaction. In recent years, environmental activists, impacted communities, and citizens have been turning to national and international courts to enforce environmental laws and treaties. 

In April this year, for example, the European Court of Human Rights issued a landmark ruling that found Switzerland had failed to fulfil its obligations under the European Convention on Human Rights related to climate change.

The IUCN has also previously participated in the advisory proceedings before the Inter-American Court of Human Rights and the International Tribunal for Law of the Sea (ITLOS). ITLOS issued its advisory opinion this May at which point it was recognised that greenhouse gas emissions are a form of marine pollution which states have specific legal obligations to address under the United Nations Convention on the Law of the Sea.

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