climate change

taking

to the world’s highest court

We are Pacific Island students whose vision is to live with dignity and without fear of climate change denying us and our children of that freedom.

We are campaigning to seek an advisory opinion from the International Court of Justice on climate change and human rights.

We believe in fundamental human rights, in the dignity and worth of the human person, in the equal rights of all women and all men, and of all nations, large and small.

The 2023 IPCC Assessment Reports confirms that unless drastic action is taken globally to reduce greenhouse gas emissions Pacific Islands Countries will cease to exist.

We do not accept this fate. We choose to retain hope, not only that our countries prove resilient, but also that international law and its institutions remain a global beacon of respect for a just and peaceful international order.

We appeal to people everywhere, especially those whose human rights are already being affected by climate change, to join us.

Applicable Law

❌ The Paris Agreement is the only source of legal obligations to protect the climate system under international law.
✅ Climate justice requires the court to consider all relevant international laws when determining state obligations related to climate change.

❌ Climate treaties do not impose any binding obligations to undertake mitigation or adaptation measures.
✅ Climate justice requires the ICJ to clarify what the climate treaties require as binding obligations.

Transboundary Harm

❌ Environmental principles such as the transboundary environmental harm that prevents states from harming other states’ environment does not apply to greenhouse gases (GHGs) as they don’t come from a specific source.
✅ Climate justice requires the ICJ to reaffirm the principle and clarify that it applies to greenhouse gas emissions causing climate change.

Human Rights

❌ Human rights law does not directly address climate change, so it does not apply.
✅ Climate justice requires the ICJ to confirm that the climate crisis affects human rights and States should prevent, minimise, and remedy human rights violations due to climate change under international human rights law.

Future Generations

❌ Legal rights do not extend to future generations.
✅ Currently, environmental law recognises “future generations” in the principle of intergenerational equity.
The ICJ should clarify that State obligations with respect to climate change extend to future generations.

Fossil Fuel Phase-out

❌ There is no obligation to reduce fossil fuel reliance.
✅ Climate Justice requires the ICJ to affirm that fossil fuel production and consumption are the primary drivers of climate change. As such, states have a duty to phase out fossil fuels, cease actions that harm the climate system and ensure non-recurrence.

Accountability

❌ States only became aware of the risks of climate change caused by human activities from the late 1980s, so they cannot be held accountable for conduct before this time.
✅ Climate Justice requires the ICJ to hold states accountable for the causes and foreseeable consequences of climate change and their legal obligations to take climate action for their responsibility for climate harm.

What countries said at the ICJ?

The #ClimateICJAO Proceedings

Read the Top Arguments at the ICJ

Statement to the ICJ

Cynthia’s

On 02 December 2024, Cynthia Houniuhi (President of PISFCC and founding member) delivered a powerful statement to the ICJ calling for climate justice and the recognition of the principle of intergenerational equity. She highlighted the crucial role played by young people from all over the world and highlighted the urgent need to reign in the climate crisis and hold polluters accountable.

Photo Credit : SPC/Ray Campbell

Watch the full statement

Statement to the ICJ

Vishal’s

On 13 December 2024, Vishal Prasad, (Director PISFCC), delivered a compelling statement to the ICJ, urging for climate justice and the acknowledgment of the voices of those directly witnessing the impacts of climate change. The People's Petition was also submitted to the ICJ judges. He also spoke about the important role youth played in decision making, and the need to prioritise the well-being of future generations. He called for urgent action to halt greenhouse gas emissions and hold polluters accountable, asserting that true climate justice can only be achieved by safeguarding the rights and futures of those most vulnerable to the climate crisis.

Photo Credit : SPC/Ray Campbell

Watch the full statement

The Witness Stand began in the Pacific, gathering voices and messages from around the world to ensure that the ongoing International Court of Justice advisory opinion proceedings on climate change are inclusive and representative of those most affected.

The Witness Stand invites people from all walks of life to share what they would say to the World’s Highest Court as it considers climate change for the first time.

Messages come from those experiencing the impacts of climate change firsthand, as well as from allies standing in solidarity. Each #ClimateWitness shares their hopes, dreams, fears, and frustrations about the crisis, amplifying the urgent call for climate justice.