What Can the World’s Top Court Do About Climate Change?
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The International Court of Justice, the United Nations’ highest judicial body, is beginning landmark hearings on global warming. Here’s a guide.
Marlise Simons writes about international justice and war-crimes tribunals. She is based in Paris.
The International Court of Justice will begin hearing arguments on Monday in a major case on how international laws can be used to protect the climate as global warming accelerates. It is the first time that the court, which is the United Nations’ highest judicial body, has taken up the climate issue, and a key issue at play is whether big polluters can be sued for failing to slow down climate change.
The court, a 15-judge body in The Hague that deals with disputes among nations, is holding the hearings over the next two weeks in response to a request submitted last year by the United Nations General Assembly.
The General Assembly asked the court to give its opinion on two questions: What obligations do governments have under international law to protect the Earth’s climate system from greenhouse gases? And what are the “legal consequences” if governments have failed in their obligations and “caused significant harm”?
The climate crisis has long been the subject of warnings from scientists and three decades of global negotiations to reduce harmful emissions, and the hearings follow on the heels of the latest United Nations climate summit, known as COP 29.