THE HAGUE / SYDNEY — The Global Centre for Social Justice Leadership and Advocacy welcomes yesterday’s landmark advisory opinion by the International Court of Justice (ICJ)—a historical turning point in the quest for climate justice, especially for Pacific Island nations and other vulnerable countries who face every day the devastating impacts of continued greenhouse gas emissions.

This advisory opinion, requested by the United Nations General Assembly, was placed before the Court by Vanuatu at the behest of an unprecedented youth-led initiative called Pacific Islands Students Fighting Climate Change, originating from a 2019 law-class project at the University of the South Pacific. Joined by a coalition of 132 nations, the UNGA resolution of March 2023 sought clarity on two critical questions:

1.What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations?

1. What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:

1. (i)  States, including, in particular, small island developing 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?
2. (ii)  Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”

An ICJ advisory opinion is the Court’s non-binding interpretation of international legal questions. Though not enforceable like a judgment in a dispute, its authority shapes international law and informs future litigation, policy, and diplomatic negotiations. 

For the Pacific Island countries and states, this opinion is nothing less than game changing. Having contributed virtually no greenhouse gases, they bear the brunt of climate disruption - rising seas, destructive cyclones, groundwater salinisation, and loss of territory and culture. The ICJ’s unanimous panel affirmed that:

• every nation, under international law and human rights obligations, must combat greenhouse emissions.
• failure to act may constitute an "internationally wrongful act".
• a clean, healthy, and sustainable environment is a fundamental human right, including the right to refuge for those displaced.
• even nations submerged by sea retain their status as states—legal identity and sovereignty persist.

This ruling marks a dramatic shift, providing Pacific nations with legal legitimacy to demand climate accountability and reparations. It empowers communities to pursue justice domestically and internationally, and to leverage existing human rights treaties.

From a legal perspective, this advisory:

• strengthens obligations under the Paris Agreement and treaties such as the UN Convention on the Law of the Sea, by defining climate protection as an enforceable duty under international law.
• opens avenues for seeking reparations, from environmental restoration to financial redress.
• lays groundwork for climate litigation and stronger national courts decisions.
• increases pressure ahead of COP30 in Brazil, where ambition and assistance can no longer be deferred.

“The ICJ has spoken unequivocally: justice demands action now, and for those least responsible and most affected, this marks a moment of transformation,” said ’Alopi Latukefu, Director of The Global Centre for Social Justice Leadership and Advocacy. “We stand in solidarity with Pacific communities and call on all governments to heed this legal mandate—phase out fossil fuels, ramp up adaptation finance, and support relocation where necessary.”

We urge:

• nations to integrate the ICJ opinion into domestic legislation and climate strategies.
• Bilateral and multilateral aid programs as well as philanthropic and civil society aid networks to scale finance for frontline communities.
• donors and finance sectors to establish reparations mechanism that are effectively funded, transparent and not overly wrapped in legalistic and bureaucratic red tape.

About The Global Centre for Social Justice Advocacy and Leadership

The Global Centre is an NGO dedicated to advancing social justice and climate justice. Working across global issues, we are building an organisation that is focused, fit for purpose, and ready to meet today’s social justice challenges head-on. We are taking an evidence-based, think-tank approach to advocacy and growing the next generation of advocacy leaders in social and climate justice.

Media Contact:

’Alopi Latukefu

Director, The Gobal Centre for Social Justice Advocacy and Leadership

(formerly the Edmund Rice Centre for Justice and Community Education)

Email:  [email protected]

Mob:   +61 4 66 028 196