International Court of Justice climate ruling a powerful tool for holding countries to account

Oxfam Australia

The International Court of Justice has ruled that governments must phase out fossil fuels, rapidly reduce emissions, provide remedy to those facing climate damages and provide climate finance to developing countries. 

Oxfam climate change policy lead Nafkote Dabi said: 

“Oxfam is proud to have supported young climate defenders from the Pacific and elsewhere who bravely took their fight for justice from a classroom in Vanuatu to the world’s highest court. They won the world a tremendous victory today.  

This ruling elevates national climate commitments everywhere by confirming that countries must reduce emissions enough to protect the universal rights to life, food, health and a clean environment. All countries, particularly rich ones, now have to cut their emissions faster and phase out fossil fuels. Rich countries have to increase their financing to Global South countries to help them reduce emissions and protect their people from past and future harm. This is not a wish-list – it is international law. 

We now have a powerful tool for holding countries to account for their obligations, especially in protecting the world’s most marginalized people and future generations of humanity. The ICJ rejected arguments by the likes of the US and UK that governments are bound only by climate treaties such as the Paris Agreement and did not have stronger obligations under international law. This ruling will inject new impetus into negotiations at the COP30 Summit in Brazil this November."

Oxfam Australia First Peoples Climate Justice Lead Becca Dakini said: 

"The ICJ’s ruling in favour of Vanuatu has strengthened demands to hold the Global North accountable for their emissions and the resulting impacts on the Global South. This follows the Torres Strait Islander Traditional Owners’ defeat in their case against the Australian Government last week. Both outcomes underscore the urgent need to redefine “duty of care” for governments and affirm that those least responsible for climate change—like First Nations and Pacific peoples—deserve justice and rapid adaptation, requiring increased responsibility from their governments, and wealthier nations."

Notes to editors: 

Oxfam has been supporting the Pacific Islands Students Fighting Climate Change’s lawsuit since 2022, joining in advocacy for the UN General Assembly to refer the case to the Court. Oxfam provided a written statement to the ICJ in March 2024 on human rights obligations beyond borders and what this means for climate action. Oxfam also contributed to an expert legal opinion that was referenced in several State submissions, the Maastricht Principles on the Human Rights of Future Generations. 

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