Advancing Climate Justice through Inclusive Decision-Making: Global South and Indigenous Perspectives
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The ICJ’s decision didn’t emerge from the halls of government or a courtroom alone. It started years ago in a classroom at the University of the South Pacific, where a group of students posed a simple yet world-shifting question: What are states legally required to do to protect the climate? And what happens if they don’t?
Copyright: Sacha Verheij/The Hague Humanity Hub
That question echoed through global institutions, culminating in this historic moment at the Peace Palace in The Hague. It reflects not only the power of international law, but also the determination of young people and frontline communities to hold the world’s most powerful actors accountable.
In 2021, Vanuatu, a Pacific Island state facing existential threats from climate breakdown, took the students’ call to the global stage. Backed by a coalition of civil society groups, including World’s Youth for Climate Justice (WYCJ), the country lobbied the UN General Assembly, which adopted a resolution in March 2023 requesting the ICJ’s opinion. The result was the largest case in the Court’s history, with 91 written submissions and 97 participating states.
The story is powerfully told in Yumi, a documentary that screened at our Just Peace Movie Night.
Nicole Ann Ponce, Samira Ben Ali, Jule Schnakenberg Copyright: Sacha Verheij/The Hague Humanity Hub
In a unanimous opinion, the ICJ made clear that:
- States are legally obligated to protect the climate system, especially by curbing fossil fuel emissions.
- These obligations stem from environmental and human rights treaties, as well as customary international law.
- Failure to rein in fossil fuel production, subsidies, or emissions could result in full reparations to injured states, including restitution, compensation, and satisfaction, if conditions under the law of state responsibility are met.
The Court explicitly linked climate protection to human rights, affirming that a clean, healthy, and sustainable environment is essential for the right to life, health, food, housing, and water.
“The human right to a clean, healthy and sustainable environment is essential for the enjoyment of other human rights.” – Judge Yuji Iwasawa
This ruling is a milestone but not a finish line. It offers legal leverage and renewed momentum, as well as a clear signal: climate harm is a matter of justice, not just emissions.
As home to the ICJ, The Hague played a central role in hosting this historic moment. Here at The Hague Humanity Hub, we are building a Climate Justice Community of professionals, activists, researchers, and policymakers. Our mission is to connect people and ideas, create space for collaboration, and amplify underrepresented voices in climate conversation.
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