UN Experts Welcome Recognition From International Court Of Justice That All States Must Protect The Climate System

GENEVA (28 July 2025)

The historic Advisory Opinion from the International Court of Justice (ICJ) has unequivocally concluded that international human rights law is part of the stringent obligations of States to protect the climate system and the environment, and their violation entails State responsibility to provide reparations for harm, a group of independent human rights experts* said today.

“We applaud the Court and all those who contributed to this historic legal process recognising that climate change is an ‘existential problem of planetary proportions that imperils all forms of life and the very health of our planet’,” the experts said.

They hailed the Court’s crystal-clear clarification that 1.5°C should be considered the consensus temperature limit for the international community to prevent catastrophic impacts, based on the best available science.

“The ICJ provided a powerful elucidation that in addition to international human rights law, States have multiple obligations under climate change treaties, environmental treaties including the Convention on Biological Diversity and the Convention against Desertification, the law of the sea, and customary international law,” the experts said.

The Court warned that violating obligations to protect the climate system and the environment from greenhouse gas emissions are binding for all States and require effective regulation of private actors and meaningful international cooperation.

Welcoming the ICJ’s extensive clarification that climate change affects human rights, such as life, health, adequate standard of living, protection from arbitrary displacement, and private life, and the human right to a clean, healthy and sustainable environment, experts emphasised the Court’s corroboration of the disproportionate climate impacts on children, Indigenous Peoples, rural communities, women, migrants, persons with disabilities, and people in vulnerable situations, as extensively documented by the UN human rights system.

They highlighted the unprecedented recognition by the Court that the human right to a clean, healthy and sustainable environment is a “precondition”, “inherent,” and “essential” for the enjoyment of all other human rights.

The ICJ also shone light on the legal consequences for States failing to prevent significant harm to the climate system, including revoking all administrative, legislative and other measures that constitute an internationally wrongful act, responding to loss and damage, restoring ecosystems and compensating for climate harm when restoration is not possible.

“We particularly applaud the Court for stating explicitly that fossil fuel production, consumption, exploration licences and subsidies may constitute an internationally wrongful act,” they said.

The experts hailed the youth from the Pacific Islands Students Fighting Climate Change movement, who initiated this process with the support and leadership of Vanuatu and Pacific Island nations. The experts recalled that the UN General Assembly had requested this Advisory Opinion by consensus.

“Every State, particularly historically high-emitters and current high-emitters, should implement the advice of the ICJ as the basis upon which to course-correct domestic and international climate efforts, including at the upcoming UN plastic pollution negotiations and Climate COP30 in Brazil,” they said.

Notes:

*The experts:

• Elisa Morgera, Special Rapporteur on the promotion and protection of human rights in the context of climate change
• Astrid Puentes Riaño, Special Rapporteur on the human right to a clean, healthy and sustainable environment
• Marcos A. Orellana, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
• Surya Deva, the Special Rapporteur on the right to development

· Alexandra Xanthaki, Special Rapporteur in the field of cultural rights

· Cecilia M Bailliet, Independent Expert on human rights and international solidarity

• Ashwini K.P., Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance
• Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
• Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons
• Eduardo Gonzalez, Independent Expert on the situation of human rights in Mali
• Elizabeth Salmón, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
• Gabriella Citroni (Chair-Rapporteur), Grażyna Baranowska (Vice-Chair), Aua Baldé, Ana Lorena Delgadillo Pérez, and Mohammed Al-Obaidi, Working Group on Enforced or Involuntary Disappearances
• George Katrougalos, Independent expert on the promotion of a democratic and equitable international order
• Gina Romero, the Special Rapporteur on the rights to freedom of peaceful assembly and of association
• Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
• Attiya Waris, Independent Expert on foreign debt, other international financial obligations and human rights
• Heba Hagrass, Special Rapporteur on the rights of persons with disabilities
• Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls
• Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers
• Mary Lawlor, Special Rapporteur on the situation of human rights defenders

· Michael Fakhri, the Special Rapporteur on the right to food

• Morris Tidball-Binz, the Special Rapporteur on extrajudicial, summary or arbitrary executions
• Mr. Matthew Gillett (Vice-Chair on Communications), Ms. Miriam Estrada Castillo (Vice-Chair on Follow-Up), and Mr. Mumba Malila, Working Group on Arbitrary Detention
• Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons
• Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences
• Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children
• Tom Andrews, Special Rapporteur on the situation of human rights in Myanmar
• Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences
• Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan
• Pichamon Yeophantong (Chairperson), Damilola Olawuyi (Vice-Chairperson), Fernanda Hopenhaym, Lyra Jakulevičienė and Robert McCorquodale, Working Group on business and human rights
• Bina D’Costa (Chair), Barbara G. Reynolds, Miriam Ekiudoko, Working Group of Experts on People of African Descent

Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent fromany government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.

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