By: Staff Writer
July 25, 2025
The International Court of Justice in July 23 advisory said that customary international law sets forth obligations for States to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions.
The ruling also said: “States have a duty to prevent significant harm to the environment by acting with due diligence and to use all means at their disposal to prevent activities carried out within their jurisdiction or control from causing significant harm to the climate system and other parts of the environment, in accordance with their common but differentiated responsibilities and respective capabilities;
“States have a duty to co-operate with each other in good faith to prevent significant harm to the climate system and other parts of the environment, which requires sustained and continuous forms of co-operation by States when taking measures to prevent such harm.”
The ruling for Small Island Developing States (SIDS) signifies a huge win on the climate and environmental front. For years SIDS were looking for additional climate support and it came with the advisory of the ICJ.
The historic opinion was issued in response to a 2023 request by the United Nations General Assembly, spearheaded by Vanuatu and supported by over 130 countries. SIDS, often on the front lines of sea-level rise and climate-induced disasters, had pushed for the ICJ to clarify the legal responsibilities of nations in addressing the climate crisis. They argued that vague global commitments had resulted in uneven and often insufficient climate action, putting vulnerable populations at risk.
Environmental advocates further hailed the decision as a pivotal moment in the intersection of climate and law. “This is a victory for climate justice,” said Jennifer Morgan, Germany’s climate envoy and former Greenpeace director. “The ICJ has affirmed what millions of people already knew: that ignoring climate change is not just dangerous—it’s unlawful.”
Philip Davis, prime minister of The Bahamas, said in a statement: “While the ICJ’s opinion is advisory and not legally binding, it sets a powerful precedent. It establishes a solid legal foundation that small island states can use in future litigation and international negotiations to hold high-emitting countries accountable.”
Legal scholars noted that the opinion strengthens the basis for holding countries and corporations accountable for environmental harm. It could also embolden climate-related lawsuits across jurisdictions, where plaintiffs seek reparations or enforcement of stricter emissions standards.