Submissions to the ICJ
States and international organisations have the opportunity to present robust, ambitious and progressive arguments that can help shape the development of international law to be capable in addressing the climate crisis.
Pillar I
Human Rights must be at ICJ
Submissions to the ICJ must be grounded in human rights. Climate change is undoubtedly threatening the rights of people everywhere. The ICJ has been called to examine human rights treaties and instruments to determine state obligations and consequences. We must measure state conduct against human rights law as well in the interest of climate justice.
States must argue that existing human rights treaties provide a legal basis for holding states accountable for their actions (or inaction) on climate change.
Submissions to the ICJ must argue that climate change directly threatens the right to life, health, food, and water -among others, enshrined in various human rights instruments.
States that fail to take adequate mitigation and adaptation measures could be seen as violating their obligations under these treaties. The ICJ would then be asked to issue an opinion clarifying these obligations and the potential consequences for states that fall short.
States must argue that the Paris Agreement is not the only source of law that guides the conduct of states but a more holistic consideration of international law, including human rights law, must be done.
Pillar II
Intergenerational Justice
The grim reality faced by youth, children, and future generations is that they will be forced to confront the impacts of climate change that were caused by people living during the past century. For this reason, the principle of intergenerational equity is becoming increasingly relevant and significant.
The principle of intergenerational equity states that the Earth is a shared inheritance among all individuals, including those of past, present, and future generations. It is a principle that promotes fairness among generations concerning the utilization and preservation of the environment and its natural resources, including the climate system.
Intergenerational equity is a legal concept linked closely to the equity principle in international law. The equity principle promotes fairness and justice in the distribution of rights. Extending this, intergenerational equity highlights the importance of considering the long-term future consequences of our actions and the interests of the people who must deal with those consequences. Although distinct, both concepts are interrelated and essential in addressing the climate change crisis.
Intergenerational equity requires the current generation – especially its leaders and lawmakers – to consider the needs and interests of youth, children and future generations when making decisions and taking action related to climate change. States therefore have a legal duty to consider the impact of environmental degradation and climate change on future generations and to act responsibly as stewards of the planet.
Pillar 3
State submissions must adequately respond to the second question posed to the ICJ. This is the climate justice question, and state responses must focus on highlighting and rectifying the gross injustices faced by countries that have contributed the least to climate change and are facing the most severe consequences of this.
States must argue for adequate reparations under international law for the loss and damage suffered as a result of climate change