This unprecedented gathering of international parties was requested by the UN General Assembly after a prolonged campaign by the World’s Youth for Climate Justice (WYCJ), which includes young people from the low-lying Pacific Islands, many of whom are already suffering the catastrophic effects of rising sea levels.
WHAT IS CLIMATE JUSTICE?
Climate change is a topic that is both urgent and divisive. While most States agree that it represents a clear and present danger to humanity, there is little agreement on the best pathways to resolve it. This makes the concept of ‘climate justice’ challenging to define, as it holds different meanings for people across various countries and contexts. Global cooperation – in the form of summits such as COP – seeks to tackle this challenge by setting mutually agreed targets and initiatives which can often be controversial and difficult to enforce.
Climate litigation is a key tool in the pursuit of climate justice. While most cases are handled at the national level within domestic jurisdictions, the inherently transnational nature of climate change has also engaged regional and international jurisdictions, including the International Criminal Court and the International Court of Justice – both based in The Hague.
EXPANDING THE REACH OF JUSTICE THROUGH THE INTERNATIONAL CRIMINAL COURT
The International Criminal Court (ICC) was established in The Hague with the signing of the Rome Treaty in 1998. Its purpose is to deliver justice for victims and hold accountable those responsible for specific crimes when domestic judicial systems are unwilling or unable to do so, namely: genocide, war crimes, crimes against humanity and crimes of aggression.
The definition of these international crimes does not naturally encompass the impacts of environmental destruction or degradation. However, campaigners and legal experts have been working to establish links between environmental violations and the specific crimes that can be charged and prosecuted by the ICC. In 2016 a policy paper was issued by former ICC Prosecutor Fatou Bensouda, and there was a further call for consultation launched by current ICC Prosecutor Karim Khan in February 2024.
They argue, for example, that the mass deforestation of the Amazon, with its consequences for local communities—displacing thousands of people, disrupting access to clean water, and causing catastrophic effects on biodiversity, water cycles and the climate—could constitute to a crime against humanity.
“Those fighting for environmental and climate justice have advocated for a creative interpretation of the existing provisions under the Rome Statute, such as pushing for investigations and prosecutions of those responsible for serious human rights violations related to the right to a healthy environment, water, food, and shelter,” Maud Sarliève, The Oxford Sustainable Law Programme
THE ICJ: OUR LAST, BEST HOPE
While the ICC can potentially hold individuals accountable for large-scale environmental violations, its neighbour, the International Court of Justice, is working on an Advisory Opinion that could clarify States’ obligations regarding climate change and may represent a significant opportunity for meaningful change.
“When the world is looking for answers, the ICJ is the only jurisdiction where any State can share its perspectives on climate science and climate law with judges, who are given the time to consider both, free from the pressures of an electoral calendar or political agenda, before delivering their opinions on the extent of States’ obligations regarding climate change. It’s inspiring to see young people using these proceedings as an opportunity to have their voices heard and raise awareness, in and out of the Courtroom,” Maud Sarliève, The Oxford Sustainable Law Programme
