'A breath of legal oxygen:' ICJ's historic opinion empowers Pacific island states

Climate activists outside the Peace Palace during the oral hearing at the International Court of Justice in December 2024. Photo courtesy of PISFCC

By Pacific Island Times News Staff

Suva – The International Court of Justice’s advisory opinion, which upholds the binding obligations of states and corporations to reduce emissions, serves as a powerful tool for small island developing states, according to the Pacific Islands Climate Action Network.

“It helps anchor 1.5c as a non-negotiable limit rooted in the best available science and now grounded in international law," PICAN said in a statement following the court’s July 23 release of the advisory opinion sought by Vanuatu..

PICAN said the court's opinion reinforces the call to phase out fossil fuel production, expansion, and export, including looking across the full spectrum of GHGs.

Another key aspect of the opinion is the clarification on the emitters' legal obligation to provide adequate and accessible financing to support claims for loss and damage, debt relief and tax justice.

“This is not new law. It is legal clarity that matches the moral truth frontline communities have always voiced,” PICAN said, noting that the court’s opinion “confirmed what Pacific peoples have carried in story and struggle for generations.

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For Tuvalu, the court’s ruling “is a breath of legal oxygen,” said Richard Gokrun, managing director at Tuvalu Climate Action Network.  

“We’ve known that our survival has always been a question of justice, not a measure of charity extended to us by polluters. The court has reminded the world of that truth. We will carry this clarity into every negotiation and courtroom until justice is delivered," he added.

Mario Liunamel, coordinator of Vanuatu Climate Action Network, said Vanuatu helped spark the process because the island residents live with the consequences every day.

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“Today, the court has confirmed what we fought for in the UN General Assembly and in every hall since. Big emitters must cut fossil fuels, fund real solutions and repair the harm already done," he said.

"Every cyclone that tears through our islands is financed by someone else’s emissions. This puts that truth in law and we will use it to push for an urgent end to new fossil fuel projects that keep rebuilding our losses faster than we can recover," Liunamel added. 

“This is a victory forged by Pacific youth but owned by all. We pushed the world’s highest court to listen and it did. Now we move from legal words to living change. Young people will make sure this ruling cannot be shelved or spun,” said Cynthia Houniuhi, president of the Pacific Island Students Fighting Climate Change.

 Sindra Sharma, international policy lead at PICAN, said the ruling is “a guiding star for the level of climate ambition desperately needed within the UNFCCC and beyond. Science has long told us what is needed. Now the law does too. The multilateral process cannot continue drifting. Belém must deliver finance and a fossil fuel phase out that matches this legal reality.”

Fenton Lutunatabua, deputy head of regions at 350.org, commended the young Pacific Islanders in Vanuatu who carried the legacy of climate leadership in the region.

"A line has been drawn, and high-emitting states now have the obligation to address their climate responsibilities head on,” he said. “The realities of frontline communities have been presented to the world’s highest court and international law is on our side. What this means is that states’ climate obligations are not just in terms of emissions, but in terms of how the climate crisis has impacted our basic human rights and losses.”

Noelene Nabulivou, DIVA international adviser, cited the “bravery, strategy and great commitment” of the Pacific young people who led the successful petition. “Now we will all work together to ensure accountability and justice—this is a new day for climate justice.”

Eparama Qerewaqa, executive coordinator for the Alliance for Future Generations in Fiji, said the successful fight in court “gives legal weight to our struggle and affirms that we matter! Our islands and Oceans deserve to be protected. This is just the start. The world has heard us, now those most responsible must act, and pay their dues."

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