The Era of Climate Impunity is Over— By Order of the World’s Highest Court

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https://www.ciel.org/news/icj-climate-opinion-ends-fossil-fuel-impunity/

THE HAGUE, July 23, 2025 — The International Court of Justice (ICJ) issued today a landmark opinion affirming that States have a binding legal duty to prevent climate harm and protect human rights from the impacts of climate change. The Center for International Environmental Law (CIEL) applauds the court’s historic affirmation, which declares the era of fossil fuel impunity over and sets a new global standard for urgent action and accountability on climate justice.

In its long-awaited ruling on States’ legal obligations regarding climate change, the Court defined what justice means in the face of climate breakdown — ruling that countries must act with urgency, cooperate in good faith, and repair the damage already done— setting the stage for accountability and real action worldwide.

Vanuatu, the Pacific Islands, climate-affected nations, and youth campaigners across the globe spearheaded the request for the Advisory Opinion. The proceedings saw unprecedented participation and a record number of written submissions from around the world, which included 96 States and 11 international organizations.

Advisory opinions are authoritative statements of binding international law and carry substantial legal weight.

This Opinion will guide climate litigation at the local, regional, and national courts, and provide a foundation for climate policymaking, grounding local legislation and global negotiations in legal obligation.

CIEL engaged in the ICJ process through legal submissions, State briefings, providing input to State submissions, and coordinating with global partners.

Commenting on the climate Advisory Opinion of the International Court of Justice, CIEL experts released the following statements:

Rebecca Brown, CIEL President and CEO, said:

“The ICJ’s ruling represents a groundbreaking legal decision in reaffirming the role of international law and global governance in demanding climate justice. At a time when disinformation and political inaction have undermined human rights and environmental protection, this inspired ruling underscores the critical role independent legal mechanisms and multilateralism play in protecting people and the planet. The ICJ’s authoritative interpretation of international law provides clarity on States’ obligations to take meaningful action and hold polluters accountable, ensuring that the rights of the most vulnerable communities are protected, no matter which way the political winds blow.”

Nikki Reisch, CIEL Director of Climate and Energy Program, said:

“This momentous ruling by the world’s highest court doesn’t just mark a turning point in international law, but a point of no return on the path toward climate justice and accountability. The ICJ made history today with a powerful opinion, recognizing that climate change is a human rights crisis and that the legal duty to protect the climate and to preserve our collective future —firmly grounded in multiple sources of law— requires reckoning with the past. Longstanding duties to prevent environmental harm and protect human rights require phasing out fossil fuels and holding climate polluters to account. No state is immune to climate impacts, and no state is above climate obligations. The Court rejected fossil fuel producers’ attempts to sweep their historical emissions under the rug and signaled the end of the era of impunity for big polluters. The message is clear: there is no carve-out for climate destruction under international law, and there is no legal or technical bar to holding states responsible for resulting harm. The repercussions of this ruling will be felt around the world, in courtrooms and boardrooms, from negotiating halls to town halls, and on city streets. It will serve as a crucial reference for courts facing a rising tide of climate litigation, for communities facing rising temperatures and seas, and for policymakers facing rising calls to make polluters pay. The global majority demanded climate justice, and the World Court responded: the law is on your side.”

Joie Chowdhury, CIEL Senior Attorney, said:

“The world’s highest court has spoken—reinforcing what frontline communities have long demanded: justice means remedy. With today’s authoritative historic ruling, the International Court of Justice has broken with business-as-usual, and powerfully delivered a clear affirmation: those suffering the impacts of climate devastation have a right to remedy and reparation. The Court’s decision lays a stronger legal foundation for climate accountability, offering a vital lifeline to frontline communities and nations, with far-reaching consequences for climate litigation, multilateral negotiations, and campaigns across the world. This victory is a powerful testament to the leadership of Pacific youth, young campaigners across regions, and frontline nations, resolutely advocating for climate justice and the right to a livable future for all. The verdict is out: polluters must pay.”

Erika Lennon, CIEL Senior Attorney, said:

“Today, the ICJ reset the baseline for international climate negotiations, making clear that ambitious climate action is not a political option, but a legal obligation under multiple sources of law. The ruling may help break the gridlock that has resulted in too little mitigation, too little climate finance, and too many broken promises. Countries cannot negotiate their way out of the standards that govern how we treat one another, the planet, and their people. And they cannot meet them with climate plans that do the bare minimum. The time for aligning the climate decisions taken at climate negotiations with international law and best available science was years ago, but the next best time is now. States must take this ICJ ruling and use it to advance ambitious outcomes at COP30 and beyond. People and the planet deserve it.”