H.E. Odo Tevi, Permanent Representative of Vanuatu to the United Nations, delivering a video message about the ICJ Climate Crisis initiative to the Normandy Chair for Peace Summer School in Caen, France. The students debated a Model UN Resolution to Request an Advisory Opinion from the International Court of Justice on the Climate Crisis.
In January 2021, Basel Peace Office awarded one of the 2021 PACEY Prizes (€5000 for each prize) to World's Youth for Climate Justice (WY4CJ) for their campaign to seek an Advisory Opinion from the International Court of Justice (ICJ) on the issue of the climate crisis. We celebrate the incredible progress by WY4CJ and the campaign so far.
In order to get the case to the ICJ, the campaign needed to find a group of 'Climate Champion'countries that would introduced a resolution into the UN General Assembly to officially request the court to consider the case.
By September 2021, the campaign succeeded in finding a lead country - Vanuatu. Since then, the campaign has been building support from additional countries, developing the legal elements and arguments for the case, building strong civil society support and providing input for the draft UN Resolution.
A milestone was reached yesterday (November 29, 2022) when Vanuatu and 15 other Climate Champion Countries released a draft UN resolution entitled Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change and circulated it to UN Member states in preparation for a vote in the UN General Assembly in the near future.
The draft UN Resolution Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change requests the ICJ to render its opinion on the following questions:
- What are the obligations of States under the above-mentioned body of international law to ensure the protection of the climate system and other parts of the environment for present and future generations;
- What are the legal consequences under these obligations for States which, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
a) Small island developing States and other States which, due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?
b) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?"
Why ask the ICJ to render an Advisory Opinion?
Members of the United Nations would benefit from such advice at the present moment in history, given the need to urgently take ambitious measures to curb emissions of greenhouse gases within the narrow window of opportunity that remains to avert catastrophic climate change. An opinion of the International Court of Justice could, among other things:
● clarify the rights and obligations of States in respect of the adverse impacts of climate change on small island developing states and other climate vulnerable states, in particular, thereby facilitating international cooperation in this area;
● encourage States to reflect their highest possible level of ambition, in keeping with the principle of common but differentiated responsibilities and respective capabilities in light of their different national circumstances, in preparing their NDCs under the Paris Agreement and supporting climate action;
● clarify the due diligence requirements relating to climate action for emitters of greenhouse gases– past, present and future, and
● clarify the implications for the human rights of present and future generations.
Statement by Vanuatu to the UN General Assembly by the Permanent Representative of Vanuatu on behalf of the core group of countries leading the initiative: Antigua & Barbuda, Bangladesh, Costa Rica, Federated States of Micronesia, Morocco, Mozambique, New Zealand, Portugal, Samoa, Sierra Leone, Singapore, Uganda, Vanuatu, and Vietnam. October 27, 2022.
Support from governments
The key objective now is to move at least a majority of UN Member States to commit to voting for the resolution so that it will be adopted and the request will be sent by the UNGA to the ICJ. However, an equally important objective is to achieve an overwhelming majority in support. Countries that vote in favour are more likely to support a strong and effective decision from the ICJ, and are more likely to take a lead in its implementation.
Basel Peace Office encourages you to congratulate your government if they are a member of the core group, and to urge your government to vote in favour of the resolution if they have not already indicated their support.
