The Advisory Opinion of the International Court of Justice (ICJ) on the obligations of States in respect of climate change, delivered on 23 July 2025, unequivocally confirms that States have obligations to prevent climate harm and protect human rights, including the right to a healthy environment, by exercising enhanced due diligence in putting in place effective measures with the aim of keeping global average temperature rise below 1.5°C, including by regulating private actors. The Court further specified that “ [f]ailure of a State to take appropriate action to protect the climate system from GHG emissions — including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies — may constitute an internationally wrongful act which is attributable to that State”.
This ruling expands upon similar conclusions included in the International Tribunal on the Law of the Sea (ITLOS)’s Advisory Opinion (21 May 2024) addressing States duties to protect the marine environment from climate harms and that of the Advisory Opinion of the Inter-American Court of Human Rights (IACtHR) (3 July 2025) that highlighted in particular States obligations regarding the rights of future generations, human rights defenders, corporate accountability, the right to a healthy environment, the right to remedy, rights of nature, procedural rights, inter alia.
Geneva-based human rights mechanisms, through their wealth of resolutions, authoritative statements, and reports have informed the advisory opinions and continue to guide States in developing national policies and measures. They now have the opportunity and the responsibility to build on the findings by the ITLOS, IACtHR and ICJ to advance effective human rights-based climate action.
The 2025 Geneva Dialogues on Human Rights and Climate Change build on previous editions to discuss how Geneva-based human rights institutions can contribute to further advancing human rights-based climate action. This year’s edition will unpack the landmark advisory opinions on climate change by the International Tribunal of the Law of the Sea, the Inter-American Court of Human Rights, and the International Court of Justice, and discuss the role of Geneva-based human rights institutions in elevating and building on these rulings.
More information:
http://tiny.cc/GEN3Sep25
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