As a marathon climate change hearing at the world’s top court concluded on Friday, a representative of vulnerable countries expressed “huge disappointment” at the attitude of top polluters and urged judges to hold them legally accountable for historic emissions.
The International Court of Justice (ICJ) has hosted a historic event over the past 10 days, with a record number of countries and organizations addressing the court.
More than 100 speakers have presented, ranging from diplomats from the world’s top economies to representatives of small island states appearing before the UN’s top court for the first time.
In what many experts have characterized as a “David vs. Goliath” scrap, a clear divide has emerged between the top polluters and those suffering most from climate change.
Major powers such as the United States, China and India have warned judges not to go beyond the existing legal framework to tackle climate change.
But smaller states argue that this blueprint, the United Nations Framework Convention on Climate Change (UNFCCC), is inadequate to mitigate the devastating effects of a changing climate.
Christelle Pratt, representing a group of 79 African, Caribbean and Pacific states, told AFP there was “huge disappointment” in developed countries but that it was “quite surprising”.
“We cannot rely solely on climate treaties to address this global crisis,” said Pratt, of the Organization of African, Caribbean and Pacific States.
He said, “We need to look at the entire framework of international law. And we need to do this because of equality and justice. Every human being on this planet has the right to live a meaningful life.”
‘Echo around the world’
The ICJ panel of 15 judges is tasked with preparing a so-called advisory opinion to answer two questions.
First, what legal obligations do nations have to prevent climate change? Secondly, what are the legal consequences for countries whose emissions have harmed the environment, especially developing states?
This is another question where many vulnerable countries hope the ICJ will clarify the legal requirement to compensate historical emitters for harm caused to them.
“We need to look at historical responsibilities and hold those emitters, primarily colonial powers, accountable,” Pratt said.
“This is certainly something we would be hoping to hear from the global South,” he said, mentioning that many of his member countries were repaying “unsustainable debt.”
The ICJ’s advisory opinion is non-binding and will take several months to appear.
Nikki Reisch, director of the climate and energy program at the Center for International Environmental Law, said the decision would “resonate around the world.”
“This is the highest court in the world and their opinion will matter… This court has an opportunity to break the impunity we have seen for decades and reaffirm the basis of accountability,” he told AFP.
“It’s not just about compensating for the rising costs of climate change. It’s about structural reforms, debt cancellation, ecosystem restoration,” he said.
‘life and death’
He said the countries Pratt represents have a population of 1.3 billion but produce three percent of global emissions.
After bitterly fought COP29 climate talks, rich polluters agreed to find at least $300 billion a year until 2035 to help poorer countries transition to clean energy and prepare for increased extreme weather.
“The pledges are actually quite insignificant,” Pratt said.
Many top polluters have argued that it is impossible to enshrine responsibility for past emissions and the harm caused by them into international law.
“We have seen again and again in these halls that fossil fuel giants … have urged this court to ignore history, to undo their historic conduct, decades of conduct that has brought the world to the brink, “Under the rug,” Reisch said.
The hearings have also been notable for representatives of small island states, who, often in colorful national attire, told harrowing stories of the destruction suffered by their people.
“These hearings bring into stark relief that this is a matter of life and death for many people,” Reisch told AFP.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
