ICJ rules that states must protect the climate as Dutch groups celebrate decision
Countries are obligated to protect the climate and prevent environmental harm, the International Court of Justice (ICJ) in The Hague ruled on Wednesday in a landmark climate case. The panel of 15 judges was unanimous. Although the advisory opinion is not legally binding, experts say it carries significant weight in climate litigation worldwide.
According to the ICJ, “the human right to a clean, healthy, and sustainable environment is essential for the enjoyment of other human rights. Countries must therefore take measures to protect the climate system.”
Presiding judge Yuji Iwasawa of Japan cited “the unprecedented nature and scale of climate-related harm” in the court’s reasoning.
The court emphasized that the effects of climate change, such as flooding and drought, can have major human rights implications. “It affects health and access to water and food,” Iwasawa said. “It can force people to flee their countries or prevent them from returning home.”
Wealthy nations responsible for the vast majority of greenhouse gas emissions must take the lead, the court said. If countries fail to meet their climate obligations, they may be held liable for damages. Each case must be assessed individually, but the presiding judge noted that there must be “sufficient and causal” links to establish a country’s responsibility for climate harm.
Iwasawa concluded by calling climate change “an existential challenge. It affects the entire planet and endangers all forms of life and the health of the planet itself.” He stressed the need to mobilize all global knowledge to address the crisis. “We must change our habits, our comfort, and our way of life to secure a future for ourselves and those who are yet to come.”
The International Court of Justice is housed in the Peace Palace in The Hague. Outside the building, climate activists gathered and cheered upon hearing the ruling. Iwasawa took two hours to read the full opinion aloud.
Organizations focused on climate and poverty relief have welcomed the ICJs ruling that countries are obligated to protect the climate.
According to the Youth Climate Movement, the judgment confirms “what young people around the world have been saying for years: the consequences of the climate crisis threaten the future of youth, and states must act now.” Chair Daan Zieren criticized the previous Dutch Cabinet for rolling back climate measures. “It’s easy to wear blinders when your country has high dikes and wealth, but climate change doesn’t stop at borders.”
Aid group CARE Netherlands said that “wealthy countries can no longer avoid their responsibilities. Climate action is not a choice, it is a duty.”
Women’s rights organization ActionAid believes the ruling means the Netherlands must now “make serious progress toward a swift and fair energy transition and support vulnerable countries.” The group called on the Dutch government to reverse its cuts to climate financing.
Both Friends of the Earth Netherlands (Milieudefensie) and Greenpeace Netherlands called the ruling groundbreaking. “The ICJ has made it crystal clear: countries can no longer sit back while big polluting companies worsen the climate crisis. They must intervene and force companies like Shell to reduce emissions,” said Milieudefensie director Donald Pols.
Greenpeace urged the Netherlands to introduce “fair climate policy” as soon as possible and to contribute to keeping global warming below 1.5 degrees Celsius by reducing greenhouse gas emissions to zero as quickly as possible.
