US pressures Vanuatu at UN over ICJ’s landmark climate change ruling

Cable seen by Al Jazeera says the US ‘strongly objects’ to the island nation seeking support for ICJ’s landmark climate ruling.

The United States is urging governments to pressure Vanuatu to withdraw a United Nations draft resolution supporting a landmark International Court of Justice (ICJ) ruling that countries have a legal obligation to act on climate change.

A US State Department cable seen by Al Jazeera on Saturday says that the Trump administration “strongly objects” to the proposed resolution being circulated by the Pacific island nation of Vanuatu in support of last year’s ruling by the ICJ – the UN’s top court.

nounced it was putting forward the draft UN resolution for consideration.

“We are strongly urging Vanuatu to immediately withdraw its draft resolution and cease attempting to wield the Court’s Advisory Opinion as a basis for creating an avenue to pursue any misguided claims of international legal obligations,” a copy of the cable seen by Al Jazeera states.

The ICJ’s 15 judges considered tens of thousands of pages of written submissions and two weeks of oral arguments during the court’s biggest-ever case, before delivering their verdict last year that states have a legal obligation to act on the “existential threat” of climate change.

The ICJ case took place after Vanuatu won the support of 132 countries in the UN General Assembly, which can request opinions from The Hague-based court.

It also came as the Trump administration has sought to undo US action on climate change, both at home and at the UN.

The US cable claims that Vanuatu’s proposed UN resolution in support of the ICJ opinion was based on “speculative climate models to fabricate purported legal obligations that seek to assign blame and encourage baseless claims”.

Louis Charbonneau, Human Rights Watch’s director at the UN, urged support for Vanuatu’s draft resolution on Friday, saying “governments should live up to their obligation” to protect human rights around the world by protecting the environment.

“Responsible governments shouldn’t allow themselves to be bullied by those that reject the global scientific consensus and continue to support reliance on harmful fossil fuels,” he said.

ing “strengthens global climate action and multilateral cooperation”.

An article in Vanuatu’s Daily Post newspaper said that the draft resolution has been endorsed by countries including Barbados, Burkina Faso, Colombia, Jamaica, Kenya, the Marshall Islands, Micronesia, the Netherlands, Palau, the Philippines, Singapore and Sierra Leone.

Many of these countries are already experiencing the worsening effects of climate change, including increasingly severe storms.

Trump, who has promised to “drill, baby drill” for oil in his second term, has withdrawn the US from UN climate bodies, including the UN’s top climate change treaty body, the UN Framework Convention on Climate Change (UNFCCC).

Trump has also threatened to impose sanctions on diplomats who voted for a levy on polluting shipping fuels at the International Maritime Organization (IMO).

International Court rules in favor of Pacific Island states

The International Court of Justice has ruled in favour of Papua New Guinea and other Pacific Island countries, stating that these countries have legal obligations to prevent and address the harmful impacts of climate change.

The court, in its Advisory Opinion, found that the countries have binding legal obligations under international law and customary international law to prevent and address the harmful impacts of climate change.

The decision follows a request from the United Nations General Assembly for an Advisory Opinion regarding the climate change obligation of states. The initiative for this Advisory Opinion was championed at the United Nations by Vanuatu, inspired by a youth-led campaign calling for climate justice and legal accountability. This youth-driven movement underscored the urgency of international legal action in response to the worsening climate crisis.

According to the Minister for Justice and Attorney General Pila Niningi, PNG was among other countries that made an oral submission to the World Court, advocating for stronger legal accountability in the face of rising global emissions. The case was heard in December 2024.

“In our submission, we rallied with Vanuatu and other countries for this outcome. We are pleased with the outcome,” Minister Niningi said.

Minister Niningi led PNG’s representation which included PNG Ambassador to the United Nations Fred Sarufa, Secretary for the Department of Justice and Attorney General (DJAG) Dr Eric Kwa, Public Solicitor Leslie Mamu, and then Acting Solicitor General E'ava Geita. The team also comprised DJAG lawyers, Office of the Public Solicitor, and the Climate Change and Development Authority.

The World Court made the following key findings:

• States must take action under both international treaties (e.g., UNFCCC, Paris Agreement, UNCLOS) and customary international law to mitigate greenhouse gas emissions and protect the climate system;

• Due diligence standards are high: States must adopt and enforce robust legal, regulatory, and policy activities to prevent environmental harm. Small Island Developing States were specifically recognized as especially vulnerable and legal protection from climate-related harm;

• States that breach their obligations, through acts or omissions, can be held responsible under international law for resulting harm to other States, peoples, and future generations;

• The Court recognized climate change as a human rights issue, affirming the interdependence between environmental protection and rights to life, health, water, housing, and a clean and sustainable environment.

The Court's Opinion carries significant legal and political weight, and will;

• Strengthen the legal basis for SIDS and vulnerable nations to demand meaningful climate action and support;

• Serve as an authoritative guide for interpreting and applying international climate treaties, especially in the context of litigation and policy-making;

• Provide a legal foundation for holding major emitters accountable where their emissions cause significant harm;

• Reinforce Papua New Guinea's efforts to pursue international cooperation, climate financing, and technical assistance as a matter of legal entitlement, not charity;

• Support integration of international climate and human rights standards into national laws, policies, and enforcement frameworks.

“This is a moment of immense pride for Papua New Guinea. Our voice was heard at the world's highest court,” Minister Niningi said. “The ruling confirms that climate justice is not just a political goal, it is a legal imperative.”

“I encourage all relevant agencies to use this decision to strengthen our domestic laws, advocate internationally, and protect our people and ecosystems for generations to come.

“Papua New Guinea reaffirms its commitment to working in solidarity with other small island nations and the international community to achieve effective, equitable, and legally grounded climate action,” Niningi added.

MSG LAUDS ADVISORY OPINION IN LANDMARK CASE

STATES HAVE LEGAL OBLIGATIONS TO PROTECT CLIMATE: WORLD COURT

The HAGUE, NETHERLANDS (24 July 2025): The Melanesian Spearhead Group (MSG) Secretariat has welcomed the historic ruling by the International Court of Justice (ICJ) that countries have legal obligations to protect the climate, saying it is a climate justice victory for Melanesia, the Pacific and planet Earth.

Acting Director General, Ilan Kiloe, speaking to world media right after the delivery of the Advisory Opinion, said the wisdom of MSG Leaders in tasking the MSG Secretariat to participate in the ICJAO proceedings was not made in vain, "yet yielded positive results that continue to make MSG a relevant and influential player in regional and global affairs".

He said it is also a huge win for the power of our youth to make an impact, referring to the Pacific Islands Students Fighting Climate Change (PISFCC)’s initial move that initially led to Vanuatu’s ICJ initiative.

The ICJ has ruled that climate change treaties and customary international law have binding obligations for States to ensure the protection of the climate system and other parts of the environment from greenhouse gases. These treaties include the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Charter of the United Nations, and the Paris Agreement, among others.

States also have an obligation under customary international law to prevent significant harm to the environment by acting with due diligence.

Under international human rights law, states have an obligation to ensure “the effective enjoyment of human rights by taking necessary measures to protect the climate system”.

The ICJ has further ruled that a breach of any obligations by a State, constitutes an internationally wrongful act entailing the responsibility of that State.

ADG Kiloe said, “I am so proud of the 27 USP students from Emalus whose brilliant idea has not only reached the corridors of the world’s highest court, but has now become a fully-fledged ICJ Advisory Opinion, a significant push and providing more ammunition in our fight to be heard at international climate change talks”.

The ruling he added, is not an end but the beginning of a journey to ensure that our future generations are protected and sustained from the devastation of the impacts of climate change.

“It certainly has been a long and tardious journey, history has been made yet again, and this ruling has given us hope for the future as we continue to grapple with the realities of sea-level rise, earthquakes and frequency of cyclones on the home front,” ADG Kiloe said. 

The MSG will continue to engage in the process as mandated by Leaders in the recent MSG Summit in Suva in supporting Vanuatu and MSG Member states in the next phases of the process including at the UN & COP negotiations.

#TeamMSG 🇫🇯🇳🇨🇵🇬🇸🇧🇻🇺

#BluePacific

#climatejustice

#ICJAO

D-DAY AT THE ICJ – A DEFINING MOMENT FOR CLIMATE JUSTICE

2PORT VILA, VANUATU (23 July 2025): It is D-Day at the International Court of Justice where it will soon deliver a landmark ruling in the historic Advisory Opinion proceedings, on the obligation of States under International Law in respect to Climate Change.

This, at a crucial time when climate change has not only been declared by our Leaders as the single most existential threat facing the #BluePacific, but climate devastation is now even more frequent with floods, earthquakes, and cyclones among many more.

The Opinion will not only reshape expectations for both governments and businesses worldwide but clarify the scope of state responsibilities under international law, with potential knock-on effects for corporate liability, due diligence, and climate-related litigation.

Initiated by a group of students' assignment question at USP Vanuatu's Emalus campus, Vanuatu led a global coalition two years ago, to adopt a UN Resolution, requesting ICJ to clarify State obligations and legal consequences related to climate change. 

The move by these students eventually led to Vanuatu's ICJ initiative and gave rise to the formation of the Pacific Islands Students Fighting Climate Change (PISFCC). The MSG Secretariat was delighted to have PISFCC part of its delegation and accord it the privilege to address the Court through the MSG platform, to further amplify the Pacific's call for climate justice during the hearing in December 2024.

President of the PISFCC, Ms. Houniuhi captivated the Court with her powerful testimony of how the initiative started, and what the ICJ proceedings mean for the future generations, further reinforcing MSG’s submission on the impact of climate change on youth and children.

At the 51st Pacific Islands Leaders meeting in Suva, Fiji in 2022, Pacific Leaders welcomed progress on Vanuatu’s initiative and noted that while non-binding, an ICJAO “may change the course of current negotiations and boost commitments,” and call on the UNGA to adopt a resolution requesting such an opinion.

In late 2023 at subregional level, MSG Leaders during the Leaders’ Summit in Port Vila, Vanuatu, mandated the MSG Secretariat, through the Political, Security & Legal Affairs programme, to take part in the proceedings. 

The MSG’s submission focused on climate change and its nefarious impact on customs and traditions, adding value to the national submissions by MSG members and representing the collective interests of the Melanesian sub-region.

Last month in Suva, Fiji, MSG Leaders endorsed the Secretariat’s ongoing participation in the ICJ process, particularly in the implementation of the Advisory Opinion. 

Our team at the ICJ includes the Acting Director General, Ilan Kiloe and Acting Programme Manager, Political, Security & Legal Affairs, Brittien Yosef.

To follow the case today, please click on:

https://webtv.un.org/en

#TeamMSG 🇫🇯🇳🇨🇵🇬🇸🇧🇻🇺

#climatejustice

#ICJAO

Photo Courtesy: ICJ File

ICJ to deliver climate ruling July 23, Vanuatu awaits legal turning point

July 23, Vanuatu awaits legal turning point

By Ezra Toara

The International Court of Justice (ICJ) has announced that it will deliver its highly anticipated Advisory Opinion (AO) on the obligations of States in relation to climate change on Wednesday, 23 July 2025 at 3:00pm Central European Summer Time (CEST), during a public sitting at the Peace Palace in The Hague.

According to the Court's official press release, Judge Iwasawa Yuji, President of the Court, will deliver the opinion during the session. The sitting will be open to members of the diplomatic corps from participating States and international organisations involved in the proceedings, who will be seated in the Great Hall of Justice. Representatives from non-participating States will follow the proceedings from the Small Hall of Justice.

Following the ICJ’s announcement, the Government of Vanuatu issued a statement through the Office of the Prime Minister, acknowledging the historical importance of the forthcoming opinion in advancing the global response to climate change.

Prime Minister (PM) Jotham Napat said Vanuatu is awaiting the ruling with anticipation. “We eagerly await the landmark opinion of the world’s highest court on the greatest existential challenge facing our planet: the climate crisis. The AO from the ICJ, which will be issued on July 23 at 3:00pm CEST, is not just a legal milestone—it is a defining moment in the global climate justice movement and a beacon of hope for present and future generations.”

He said that Vanuatu and its fellow Small Island Developing States (SIDS) have long warned of the growing impacts of climate change—rising sea levels, stronger storms, and the mounting cost of inaction. Their advocacy, he added, comes from a deep conviction that justice must prevail and that international law must protect those most at risk.

“This case was born from a spark of hope ignited by Pacific youth who dared to bring the world’s biggest challenge before the world’s highest court, and their call was supported by over 80 nations standing together for climate justice,” said PM Napat.

He referred to recent United Nations data, which recorded 152 extreme weather events in 2024 alone—a number expected to rise with accelerating climate change. While international mechanisms such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement have laid down foundations for action, he said they have not delivered the scale or urgency required.

“We turned to the Court to clarify what international law already requires of States, because relying solely on mechanisms like the UNFCCC and Paris Agreement is not producing the action the world urgently needs,” he said. “We sought confirmation that States’ legal obligations extend to their climate-related actions, especially when those actions cause harm beyond their borders.”

The PM said a favourable AO could affirm States’ long-standing obligations under international law to address climate change, clarify the legal consequences of failure to act, provide courts and negotiators with stronger legal tools, improve access to finance and support for vulnerable nations, and help shift global efforts from promises to accountability.

“I am hopeful for a powerful opinion from the ICJ. It could set the world on a meaningful path to accountability and action,” he said.

Regardless of the outcome, the PM said the process itself had already helped raise the voices of climate-vulnerable nations, increase global awareness, and lay the groundwork for stronger future action.

“This ruling will give us a foundation to build upon and inspire continued efforts to protect our planet,” he said.

Although the ICJ’s AO is non-binding, it is expected to influence international law, climate negotiations, and cooperation well into the future.

ezra@dailypost.vu

Vanuatu's climate envoy slams Australia and 'world's largest greenhouse gas emitters' at ICJ

Vanuatu's Special Envoy for Climate and Environment, Ralph Regenvanu,says he is "obviously disappointed" by the Australian government's statement during the International Court of Justice (ICJ) proceedings regarding legal obligations of nations in relation to climate change.

Australia has taken a different view from Vanuatu and other Pacific Island nations.

On Monday, Australia argued that the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement are the primary sources of international obligations to address greenhouse gas emissions.

Regenvanu said he was disappointed by Australia's position, along with what was shared from the United States, Saudi Arabia, and China.

"These nations, some of the world's largest greenhouse gas emitters, have pointed to existing treaties and commitments that have regrettably failed to motivate substantial reductions in emissions," Regenvanu said in a statement.

"It is particularly concerning that some of these nations, upon whom we depend for aid and support, have not acknowledged the severity of the crisis or their responsibilities under international law.

"Our dependency on their assistance makes it all the more critical for them to act responsibly and in solidarity with vulnerable nations like ours."

He hopes that former colonial powers, France and the United Kingdom, will instead back Vanuatu.

Greenpeace Australia Pacific's general counsel Katrina Bullock said Australia's position "completely undermined its Pacific neighbours".

"It disregards decades of international human rights legal developments and directly contradicts the powerful legal submissions of Pacific, African, and Caribbean nations."

Australia has put in a bid to host COP31 in partnership with the Pacific.

The country, along with United States, is also trying to reassert its influence in the Pacific, as China becomes more involved in the region

The ICJ will decide on two questions: What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?

And, what are the legal consequences for states that have caused significant harm to the climate and environment?

Fiji was the last Pacific island nation to give its submission on Wednesday.

The country's Attorney-General Graham Leung said land and resources are becoming increasingly vulnerable.

"Is it just that our people are forced to abandon their ancestral lands and heritage because of the inaction of those most responsible for climate change, is it? How do we protect the future of our people?" Leung asked the court.

He said international law requires states to not cause trans boundary harm and this also applied to greenhouse gas emissions.

"No state has the right to use its territory in a way that causes significant harm to another state."

Vanuatu started the proceedings with Regenvanu who told the ICJ countries conduct are on trial for consistently failing to rein in emissions.

"I must emphasis that since 1990 emissions have increased by over 50 percent reaching an all time high in 2023 last year, more than half of all CO2 emissions since 1750 were emitted after 1990, whatever the timeframe, there is no excuse."

The United Nations climate meeting COP29, which wrapped up last month in Baku, Azerbaijan, was labelled disappointing for the Pacific and developing countries.

Regenvanu said the Baku summit was another example of the process failing.

"The prolonged and systematic failure of the COP has cost them [Vanuatu people] their wellbeing, their cultures and even their lives.

"There is an urgent need for a collective response for climate change grounded not in political convenience but in international law."

The case landed in the ICJ after campaigning from Vanuatu students.

Pacific Islands Students Fighting Climate Change - the group which initiated the campaign - president Cynthia Houniuhi said UN negotiations had been hijacked by major fossil fuel producers.

"As judges of the world court you possess the power to help us course correct and renew hope in humanities ability to address the greatest challenge of our time and you can do this simply by applying international law to the conduct responsible for climate change," Houniuhi from Solomon Islands said.

The Pacific Community's (SPC) director of climate change Coral Pasisi said during an online press conference that legal opinions from the ICJ can serve as a catalyst for international law's being developed to correct injustices.

"We know that a legal opinion is not legally binding but we do know a legal opinion from the International Court of Justice has a very strong moral weighting."

- RNZ

A landmark climate change case will open at the top UN court as island nations fear rising seas

ABC News

The top United Nations court will take up the largest case in its history on Monday

ByMOLLY QUELL Associated Press

December 1, 2024, 2:09 PM

National headlines from ABC NewsCatch up on the developing stories making headlines.

THE HAGUE, Netherlands -- The top United Nations court will take up the largest case in its history on Monday, when it opens two weeks of hearings into what countries worldwide are legally required to do to combat climate change and help vulnerable nations fight its devastating impact.

After years of lobbying by island nations who fear they could simply disappear under rising sea waters, the U.N. General Assembly asked the International Court of Justice last year for an opinion on “the obligations of States in respect of climate change.”

“We want the court to confirm that the conduct that has wrecked the climate is unlawful,” Margaretha Wewerinke-Singh, who is leading the legal team for the Pacific island nation of Vanuatu, told The Associated Press.

In the decade up to 2023, sea levels have risen by a global average of around 4.3 centimeters (1.7 inches), with parts of the Pacific rising higher still. The world has also warmed 1.3 degrees Celsius (2.3 Fahrenheit) since pre-industrial times because of the burning of fossil fuels.

Vanuatu is one of a group of small states pushing for international legal intervention in the climate crisis.

“We live on the front lines of climate change impact. We are witnesses to the destruction of our lands, our livelihoods, our culture and our human rights,” Vanuatu’s climate change envoy Ralph Regenvanu told reporters ahead of the hearing.

Any decision by the court would be non-binding advice and unable to directly force wealthy nations into action to help struggling countries. Yet it would be more than just a powerful symbol since it could serve as the basis for other legal actions, including domestic lawsuits.

On Sunday, ahead of the hearing, advocacy groups will bring together environmental organizations from around the world. Pacific Islands Students Fighting Climate Change — who first developed the idea of requesting an advisory opinion — together with World Youth for Climate Justice plan an afternoon of speeches, music and discussions.

From Monday, the Hague-based court will hear from 99 countries and more than a dozen intergovernmental organizations over two weeks. It’s the largest lineup in the institution’s nearly 80-year history.

Last month at the United Nations’ annual climate meeting, countries cobbled together an agreement on how rich countries can support poor countries in the face of climate disasters. Wealthy countries have agreed to pool together at least $300 billion a year by 2035 but the total is short of the $1.3 trillion that experts, and threatened nations, said is needed.

“For our generation and for the Pacific Islands, the climate crisis is an existential threat. It is a matter of survival, and the world’s biggest economies are not taking this crisis seriously. We need the ICJ to protect the rights of people at the front lines,” Vishal Prasad, of Pacific Islands Students Fighting Climate Change, told reporters in a briefing.

Fifteen judges from around the world will seek to answer two questions: What are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? And what are the legal consequences for governments where their acts, or lack of action, have significantly harmed the climate and environment?

The second question makes particular reference to “small island developing States” likely to be hardest hit by climate change and to “members of “the present and future generations affected by the adverse effects of climate change.”

The judges were even briefed on the science behind rising global temperatures by the U.N.’s climate change body, the Intergovernmental Panel on Climate Change, ahead of the hearings.

The case at the ICJ follows a number of rulings around the world ordering governments to do more to reduce greenhouse gas emissions.

In May, a U.N. tribunal on maritime law said that carbon emissions qualify as marine pollution and countries must take steps to adapt to and mitigate their adverse effects.

That ruling came a month after Europe’s highest human rights court said that countries must better protect their people from the consequences of climate change, in a landmark judgment that could have implications across the continent.

The ICJ’s host country of The Netherlands made history when a court ruled in 2015 that protection from the potentially devastating effects of climate change is a human right and that the government has a duty to protect its citizens. The judgment was upheld in 2019 by the Dutch Supreme Court.

International Court of Justice and the Chagos Archipelago Advisory Opinion