The UN General Assembly voted unanimously on a landmark resolution in which the International Court of Justice is to express its opinion on the “duties of states” in the field of combating climate change. The decision comes after a struggle launched in 2021 led by Vanuatu and the Youth Initiative in the Pacific.
Thus, after many years of struggle under the leadership of Vanuatu and the youth initiative in the Pacific region, the General Assembly unanimously adopted a resolution asking the International Court of Justice to express its opinion on the “duties” of states in the fight against climate warming.
The adoption of the resolution was greeted with applause, seen as a victory that climate justice advocates are counting on to increase pressure on polluting countries that are not doing enough to address the emergency caused by climate change.
More than 130 countries voted unanimously for this decision, and with its adoption, the International Court of Justice will have to give its opinion on the “duties of states” to protect the climate system “for present and future generations” in relation to climate change. warming, which presents “an unprecedented challenge with implications for civilization” as a whole.
“Together you are writing history,” UN Secretary-General António Guterres said from the rostrum of the General Assembly, believing that even if the decision to be issued by the international court is not binding, it could help the leaders of the planet “take the most courageous and most powerful measures to combat climate change that we have.” The world really needs this.”
“On this day, the peoples of the United Nations decided… to put aside their differences and work together to solve the greatest challenge of our time: climate change,” said Vanuatu Prime Minister Ismail Kalsako, whose archipelago was engulfed by two cyclones. within a few days.
“This is a victory for people and communities around the world who are at the forefront of the climate crisis,” said Lavitanalaji Siro, regional policy coordinator for the Pacific Islands Climate Action Network. Notably, the Vanuatu government launched this “historic initiative” in 2021, following a campaign initiated by university students in Fiji two years earlier.
A week ago, experts from the UN Intergovernmental Panel on Climate Change warned that from 2030 to 2035, warming will reach a threshold of 1.5 degrees Celsius compared to the pre-industrial era. The Paris climate agreement provided for the containment of global warming by 1.5 degrees Celsius. Experts saw it as a dangerous reminder of the urgent need for radical action in the current decade to secure a “viable future” for humanity.
And if the Paris Agreement provides for non-binding national obligations of countries to reduce greenhouse gas emissions, the resolution approved by the General Assembly provides for other mechanisms, such as the Universal Declaration of Human Rights and the United Nations Convention on the Law of the Sea. . Although the opinions of the International Court of Justice are not binding, they carry significant legal and moral weight and are taken into account by national courts.
Vanuatu and its supporters hope that the Court’s opinion, expected within two years, will encourage governments to accelerate their actions on their own initiative or by pursuing them around the world.
“This will be an important tool to hold countries accountable,” said Harjit Singh of the Climate Action Network, in advance hailing “one of the biggest achievements of climate diplomacy in recent memory.”
Benoît Meyer, an expert in international law at the Chinese University of Hong Kong, said: “I don’t see what a useful conclusion the court can give. On the other hand, I present scenarios where these efforts will backfire. He spoke of the possibility of a “catastrophic scenario” in which the court would issue a “clear and specific” opinion, but against the wishes of the applicants. Not a single country objected to the resolution, which was adopted unanimously, knowing that China and the United States, the world’s largest emitters of greenhouse gases, were not among its sponsors.
“We have serious concerns that this process will complicate our collective efforts and will not bring us closer to achieving these common goals,” said US Representative Nicholas Hill, stressing that he prefers diplomacy to “litigation” that will exacerbate divisions. During the negotiations on the Paris climate agreement, the Americans received a clause stating that the agreement “cannot serve as a basis for any liability or compensation.”
This issue constitutes a fundamental point in the discussion about “losses and losses” and their financing, which is the main requirement for the poorest countries, which bear the least responsibility for this.
The General Assembly resolution concerns the “actions” of countries responsible for warming and their “duties” to small island states, as well as to present and future generations.
The adoption of the resolution was a very exciting moment for the young people in the Pacific who are behind this initiative.
“This initiative was an opportunity to do something bigger than ourselves, bigger than our worries, and important for future generations,” said Cynthia Honioe, who leads the NGO Pacific Island Students Fighting Climate Change.
“I want to show my child a picture of my island someday,” said a young woman from the Solomon Islands.