The International Court of Justice has delivered a landmark Advisory Opinion affirming that addressing climate change is a legal obligation, not a choice. States are required under international law to protect the climate system, prevent transboundary harm, and regulate activities driving greenhouse gas emissions. The Court also highlighted that failing to act on climate change can violate human rights, including the rights to life, health, food, water, housing, and culture.
Millions of people worldwide have already been affected by climate-related disasters, losing homes, livelihoods, and lives. Human Rights Watch has documented the harms caused by fossil fuel production, particularly to communities living near extraction and processing infrastructure. The Court’s opinion reinforces that governments have a legal duty to prevent such harms and protect vulnerable populations.
In response, Vanuatu, together with a cross-regional group of countries, has circulated a draft United Nations General Assembly resolution to translate the Court’s findings into concrete action. The resolution urges states to adopt stronger national climate plans, phase out fossil fuels, better protect communities displaced by climate change, and establish mechanisms to document and track the losses already suffered.
While the General Assembly has a precedent of turning advisory opinions into resolutions, some countries, including the United States and several oil-producing states, have urged Vanuatu to withdraw the resolution. Despite this pressure, Vanuatu has refused, working with partners to address concerns from other countries, including the European Union. Human Rights Watch and allied organizations are calling on governments to support the resolution and ensure it preserves core protections for human rights, international law, and climate action.
