Top UN court says countries can sue each other over climate change
The International Court of Justice (ICJ), the United Nations’ top court, has issued a landmark advisory opinion declaring that countries can sue each other for damages caused by climate change, including over historic emissions of greenhouse gases. States are legally obligated to curb emissions and protect the environment, and failure to do so may constitute a breach of international law, exposing them to legal responsibility and potential reparations.
The ICJ stated that states have an obligation to prevent environmental harm from greenhouse gas emissions, act with due diligence, and cooperate under international treaties such as the Paris Agreement.
If a country is found to breach these obligations, it could be required to cease wrongful conduct, provide guarantees of non-repetition, and make full reparation, which can include compensation to affected states.
The ruling is seen as a major victory for developing countries and small island states that are most vulnerable to climate change impacts, offering a potential legal pathway to seek accountability and compensation from major polluters, especially those with historical responsibilities.
Judge Yuji Iwasawa and the court emphasized that climate change is an existential threat and unequivocally caused by human activities, not bound by borders.
Although the advisory opinion is non-binding, it carries considerable legal and political weight and is likely to shape future climate litigation and international policy.
Challenges and limitations:
Attribution of harm—pinpointing which nation caused specific parts of climate change—remains complex and could present difficulties in legal proceedings.
While the opinion is historic, enforcement relies on countries voluntarily complying or on further development of binding international mechanisms.
This decision marks a pivotal moment in international climate law, potentially opening the door for states harmed by climate change to pursue legal action for damages against historically large emitters.
