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Five key takeaways from the ICJ’s historic climate ruling and what comes next

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By illuminem briefings

· 3 min read


illuminem summarises for you the essential news of the day. Read the full piece on Euronews or enjoy below:

🗞️ Driving the news: In a historic advisory opinion, the International Court of Justice (ICJ) has clarified that all states have a legal duty under international law to prevent climate harm, framing environmental protection as a fundamental human right
The ruling follows the largest case ever before the ICJ, with over 150 submissions and broad global participation
While nonbinding, the decision is expected to strongly influence climate litigation and policymaking worldwide

🔭 The context: Requested by the UN General Assembly and led by small island states, the ICJ opinion addresses a growing frustration with the inadequacy of existing voluntary climate mechanisms
Big emitters had argued the Paris Agreement provided sufficient guidance, but the Court ruled that broader international laws—including human rights and environmental treaties—also obligate states to act
The opinion reinforces that even countries outside specific climate agreements are not exempt from climate responsibility

🌍 Why it matters for the planet: The ICJ ruling shifts climate inaction from a policy failure to a potential legal violation
It explicitly states that failing to reduce greenhouse gas emissions, subsidizing fossil fuels, or ignoring corporate polluters could constitute internationally wrongful acts
Crucially, the Court affirmed that climate harm gives rise to reparations, potentially enabling vulnerable nations to seek financial compensation from high-emitting states
This marks a decisive legal turn in global climate governance

⏭️ What's next: The advisory opinion will likely inform domestic court cases, UN negotiations at COP30, and potential legal action between states
It equips judges, activists, and lawmakers with a new legal framework to press for climate accountability
Governments may now face growing pressure to revise Nationally Determined Contributions (NDCs) to reflect their “highest possible ambition,” with failure to do so risking legal and reputational consequences

💬 One quote: “The ICJ advisory opinion not only clarifies existing rules, it creates legal momentum. It reshapes what is now considered legally possible, actionable, and ultimately enforceable.” – Sebastien Duyck, Centre for International Environmental Law

📈 One stat: More than 100 countries and international organizations took part in the ICJ climate hearings—the most expansive participation in the Court’s history

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