On 23 July, the International Court of Justice (ICJ) will deliver a landmark opinion on states’ legal duties for climate change — a historic moment for climate justice.
For leaders and advocates across the Pacific, this moment marks the conclusion of a six-year journey led by Pacific youth, the Republic of Vanuatu, and other Pacific Island nations.
“This is a turning point for climate justice,” said Ralph Regenvanu, Vanuatu’s Minister of Climate Change, Energy, Meteorology, Geohazards, Environment and Disaster Management.
“We believe next week we will see the rule of law apply to the climate crisis. Justice, responsibility, accountability, these are what we hope the court will affirm.”
Regenvanu, who played a key role in backing the initiative when it was proposed by Pacific Island Students Fighting Climate Change (PISFCC) in 2019, recalled the moment the campaign first began.
“I remember when I was Minister of Foreign Affairs… the group came to me. They’d already written to all Pacific governments. Their passion came straight from the heart of the Pacific,” he said, reflecting on the first steps taken toward bringing the matter to the world’s highest court.
“Now, six years later, we are finally here.”
The ICJ advisory opinion is expected to clarify states’ legal obligations under international law, including customary law, human rights law, and the law of the sea, to prevent climate harm, protect vulnerable populations, and safeguard future generations.
“We are expecting the ICJ to follow the strong precedents set by the International Tribunal for the Law of the Sea (ITLOS) and Inter-American Court advisory opinions,” Regenvanu said.
“We hope the court will confirm that climate inaction is unlawful under international law and that polluting states may bear legal consequences, including reparations owed to those suffering the greatest impacts.”
The campaign for the advisory opinion was launched by a coalition of law students from across the Pacific, who saw firsthand the urgent need for legal clarity on climate action.
“For too long, international responses have been fragmented and delayed,” said Vishal Prasad, Director of PISFCC.
“In that gap between impact and action, young people stood up, not just as witnesses to injustice, but as architects of change.”
Prasad emphasised that the upcoming advisory opinion is more than just a legal document.
“It’s a tool for justice… a chance to move from systems of oppression to systems of change,” he said.
“For the climate justice movement, the delivery of this opinion marks the beginning of a new chapter. It provides a legal foundation to amplify advocacy and elevate the demands of frontline communities in every multilateral platform.
“For too long, climate justice has been treated as a moral appeal. Now, it will be backed by legal clarity.”
He added that the ICJ opinion could strengthen legal arguments in international negotiations, empower vulnerable nations, and support the call for greater climate finance, adaptation support, and loss and damage funding.
“But we must ensure this opinion does not sit on a shelf. It must be used, in parliaments, in courtrooms, in negotiations, to hold power accountable,” Prasad urged.
The case presented to the ICJ was backed by extensive scientific evidence and testimony from Pacific communities, highlighting the existential threat posed by unchecked global warming.
“We’re not on track to stay below 1.5°C of warming,” warned Coral Pasisi, Director of Climate Change and Environmental Sustainability at the Pacific Community (SPC).
“We’re more likely on a 2.8 to 3.2°C pathway, and that is catastrophic for our region.”
Pasisi stressed that the ICJ heard not just legal arguments but also the stark realities from low-lying island nations.
“People often use the word ‘existential,’ but they don’t truly grasp what that looks like,” she said.
“The most powerful voices at the ICJ were our Pacific countries, presenting the science, the lived experience, and the cost of inaction.”
She highlighted that despite decades of international promises, climate finance has trickled slowly to the Pacific, leaving communities unable to adapt quickly enough to rising seas, intensifying storms, and the loss of livelihoods.
“The evidence presented must inform the court’s opinion and the rate at which reparations and responsibilities are delivered,” Pasisi said.
“We need to amplify this outcome so that it’s not just a quiet ruling but a global wake-up call.”
Though not legally binding, the ICJ’s opinion could carry significant weight and influence climate litigation, treaty negotiations, and future international law. For the Pacific, it is a beacon of hope in an era of escalating climate emergencies.
“This is a moment we’ve been working toward for years,” Regenvanu said.
“A strong opinion from the court can confirm what we’ve always known: that those most responsible for the crisis must be held accountable and that the rights of vulnerable communities must be protected.”
The ICJ advisory opinion will be delivered in The Hague on 23 July 2025 at 3pm (1am FJT).
