UN International Court paves the way to hold polluting countries legally accountable

In an unprecedented ruling, the International Court of Justice (ICJ), the UN's highest judicial body, stated on Wednesday (23) that failure to comply with climate obligations constitutes an "internationally wrongful act," thus establishing a clear legal basis for affected countries to demand reparations from those who contribute disproportionately to the climate crisis. The unanimously approved ruling marks a watershed in international environmental law, recognizing that a clean, healthy, and sustainable environment is a fundamental human right.

Towards Global Accountability and Climate Reparations

The ICJ's landmark ruling was prompted by a request from the UN General Assembly, made in 2023, following years of pressure from nations vulnerable to the advance of climate change. The court recognized the responsibility of States to prevent significant damage to the global climate system and reinforced that treaties such as the UN Framework Convention on Climate Change impose binding obligations—including on major emitters such as the United States, the European Union, and China.

In addition to stating that failure to comply with these obligations may result in compensation for the affected countries, the Court indicated that reparations will depend on a case-by-case analysis, respecting the principle of direct causality between the omission or wrongful action and the damage caused. This position legally strengthens calls for climate justice, especially from small island states facing existential threats due to rising sea levels and extreme events intensified by global warming.

During the proceedings—the longest in the ICJ's history, with over 100 countries heard—nations such as Antigua and Barbuda denounced the destruction of entire territories caused by uncontrolled carbon emissions from industrialized countries. The Court's ruling could have significant effects on the COP30 negotiations, scheduled for November in Brazil, by limiting diplomatic room for maneuver on key issues that now have legal support.