Fiji is calling on the International Court of Justice (ICJ), also known as the World Court, to support justice for communities vulnerable to climate change.
Impacts of climate change are threatening basic human rights, and Fiji’s submission argues that the countries responsible for the crisis should pay for the damage.
This was stated by the Attorney General Hon. Graham Leung during Fiji’s presentation to the ICJ last Wednesday.
Fiji’s presentation was delivered by AG Leung and Fiji’s Ambassador to the United Nations in Geneva, Luke Daunivalu.
Ambassador Daunivalu opened Fiji’s presentation by highlighting the severe effects of climate change in Fiji, including the loss and damage already experienced and the ongoing efforts to build resilience. He shared the harsh reality of climate relocation, explaining, “Entire villages have been uprooted from their traditional lands and moved to new locations, forcing whole communities to change their way of life.”
He urged the Court to hold accountable those responsible for the climate crisis, stating, “We must ensure that those who have caused this crisis take responsibility for stopping it and addressing its impacts.”
Leung then presented Fiji’s legal arguments, focusing on the existential threat posed by climate change and the legal duties of States to address it. He explained that international law requires countries to prevent activities within their borders from causing significant harm to other nations.
In response to the Court’s questions, Hon Leung posed his own: “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? Where else can Fiji seek justice for these serious human rights violations if not here?”
He called on the Court to declare that failing to act on climate change violates international law and to affirm that states have a duty to prevent harm, protect human rights, and ensure a livable future for all.
The Attorney General concluded by stressing the urgency of the situation: “The impacts of climate change are undeniable, and the science is irrefutable. Fiji and the world now look to the ICJ for legal clarity on this critical issue of survival.
The oral hearings will continue this week with 98 countries and 12 intergovernmental organisations, including the Secretariat of the Pacific Community (SPC) and the Alliance of Small Island States (AOSIS), making presentations to the Court. This marks the first time in the Court’s history that so many countries are participating in a single case.
The ICJ is expected to deliberate on all written submissions and oral presentations before providing its advisory opinion, anticipated in the first half of 2025.
