To the International Court of Justice
#ClimateJusticeAtTheICJ
In Brief
The Campaign
We are campaigning to refer the world’s biggest problem (climate change) to the world’s highest court (International Court of Justice) by seeking an Advisory Opinion from the court on the issue of climate change and human rights.
Our focus is on ensuring the protection of the rights of current and future generations from the adverse effects of climate change, and an Advisory Opinion will serve as a legal catalyst for action while clarifying international law on the subject.
How can an ICJ advisory opinion help?
What is the International Court of Justice?
The International Court of Justice, or ICJ, is the highest court in the international legal system. The ICJ was established under the Charter of the United Nations. The ICJ has two kinds of jurisdiction: contentious and advisory.
Contentious ICJ cases are brought by national governments in order to settle disputes between nations. Advisory opinion’s on the other hand are legal advice provided to the United Nations or a specialized agency by the International Court of Justice.
What is an ICJ Advisory Opinion?
The UN General Assembly and the Security Council may request an ICJ advisory opinion on “any legal question” while other UN organs and agencies may request an advisory opinion on “legal questions arising within their scope of activities”.
Individual countries cannot request an advisory opinion from the ICJ directly.
Unlike judgments of the ICJ in contentious proceedings, advisory opinions are not binding at law. Nonetheless, due to the status of the ICJ as the highest court in the world they “carry great legal weight and moral authority. They are often an instrument of preventive diplomacy and help to keep the peace. In their own way, advisory opinions also contribute to the clarification and development of international law and thereby to the strengthening of peaceful relations between states.” (Professor Philip Sands QC, 2015).
Our focus
Climate Change & Human Rights
It is widely recognised that the climate crisis is going to have a significant effect on human rights. Climate change has been shown to exacerbate pre-existing inequalities and human rights challenges such as poverty, well-being, wealth inequality, gender relations, and many others.
As one of the most potent threats to our human rights, we must address the climate crisis and we believe looking at the crisis through the ‘human rights lens’ will allow for more robust climate justice solutions.
The climate change and human rights nexus is therefore prominently featured in our Advisory Opinion push.
Campaign Launch
The World is an Island
People
Our Endorsements
We have secured great support from eminent experts and professionals who believe in the ICJAO being a strong motivator in accelerating climate action globally. These are our Friends of the Initiative.
