For the world’s most vulnerable, the upcoming Advisory Opinion from the International Court of Justice on Obligations of States in respect of Climate Change is a milestone after decades of our calls for international accountability.

On Wednesday 23rd July, all eyes will be on the Hague as the International Court of Justice (ICJ) delivers its landmark advisory opinion on the obligations of states in respect of climate change. Initiated by small island developing states (SIDS), this case will resolve questions on countries’ responsibilities to protect the environment from human-induced greenhouse gas emissions, as well as the legal ramifications for countries whose actions are causing significant harm to the climate system.

The advisory opinion is directly linked to the very survival and sustainability of SIDS. It particularly looks at the legal consequences for countries which have harmed the climate system with respect to “States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specifically affected by or are particularly vulnerable to the adverse effects of climate change”.

Led by Vanuatu and a tireless group of small island developing states and other developed and developing country partners, this advisory opinion brings to bear the responsibility of countries to urgently accelerate climate action and safeguard vulnerable nations whose fundamental rights are debilitated by a crisis we did not cause.

Ultimately, it is AOSIS’ expectation that the outcome of this advisory opinion will foster enhanced accountability and drive support to address the disproportionate impacts of climate change which our SIDS are forced to endure. The United Nations Framework Convention on Climate Change and the Paris Agreement serve as the essential platforms for global collaboration and efforts to address climate change. The clarification provided by the ICJ opinion is momentous in its potential to enrich these regimes. Greater support can be catalysed to augment our multilateral cooperation, and advance the action we urgently need to keep our world within the 1.5°C global warming limit. We must reduce global greenhouse gas emissions by 43% by 2030 and reach net-zero by 2050. With deep, rapid, and sustained global emissions reductions, we can indeed get back on track.

In its Written Statement to the ICJ on the Obligations of States in Respect of Climate Change, the Republic of Palau (Chair of AOSIS) presented clear evidence of the devastating impacts of rising temperatures. Data showed a significant, “worrying warming trend” above 30°C in Palau’s waters which is causing harm to Palau’s reef ecosystems, including coral bleaching. Sea level rise is apparent, with high-end sea-level rise scenarios (2.0m-2.5m) showing that large portions of several Palauan states could be underwater by 2100. The number of hot days (above 90°F/32°C) has increased from an average of 46 days per year, from 1952-1961, to 100 days per year, in 2009-2018, posing a lethal risk to vulnerable communities.

This is why AOSIS continues to call on countries to urgently submit their enhanced Nationally Determined Contributions (NDCs) that are fully aligned with a 1.5°C pathway. Time is running out. We need strong leaders to demonstrate the necessary political will and put forth the highest ambition, powered by feasible plans for effective implementation. By establishing a common understanding of international obligations, the ICJ advisory opinion can make clear that countries’ duties to live up to their commitments are irrefutable.

The inequities of climate injustice are clear to see. This ICJ process has already illuminated our expectations for countries to ensure they do no harm to others. It is time for the international community to restore trust and correct a grave injustice.

AOSIS would like to salute all of the SIDS climate champions who have led us to this moment. Your unwavering strength speaks to the extraordinary resilience of our people. We hope the world will follow our lead and match this moment with the courage and moral purpose it requires.