“Seeking Justice: The Case for Climate Reparations at the International Court of Justice”
The upcoming historic hearings on climate change at the International Court of Justice (ICJ) scheduled for December 2-13 are poised to be a pivotal moment for climate justice. The hearings will inform the Court’s advisory opinion on the international legal obligations of states in relation to the climate crisis, potentially advancing the case for climate reparations.
One of the key issues at the heart of the ICJ climate advisory proceedings is the legal consequences that states face when they breach their climate-related obligations and harm ensues. These consequences may include stopping harmful activities that damage the climate, ensuring they are not repeated, and providing full reparation, including restitution, compensation, rehabilitation, and satisfaction measures.
The need for specific measures to remedy the wide range of harms caused by the climate crisis, both economic and non-economic, is urgent. Measures beyond compensation could include phasing out fossil fuels or debt cancellation.
The current underfunding of loss and damage mechanisms under the UN Framework Convention on Climate Change (UNFCCC) highlights the pressing need for legal clarity on states’ accountability for climate harm. The latest summit, COP29, failed to address the massive funding gap for loss and damage, committing only to mobilize funds by 2035 without guarantees of funding or a designated sum for loss and damage.
The ICJ has a unique opportunity to affirm that accountability and reparations for climate damage are a matter of obligation and justice, not charity. Its opinion could shape global climate law and policy, empowering climate-vulnerable nations with legal tools to strengthen their positions in climate talks.
In addition to the ICJ, the Inter-American Court of Human Rights (IACtHR) is also considering state duties to guarantee the right to redress for climate harm. The IACtHR’s climate advisory opinion, expected in early 2025, could set a high legal bar for climate reparations.
The fight for climate accountability extends beyond the courtroom, as legal clarity is just a first step in addressing climate harm rooted in structural injustice. The upsurge of people coming together across generations, campaigns, and negotiations, demanding justice in defense of people and the planet, offers hope for a more equitable and sustainable future.