Small island nations in Oceania, for which rising sea levels pose an existential threat, have taken the lead in calling for the ICJ to consider the question of states' obligations regarding climate change.
They hope that the court will establish that climate destruction is illegal and that rich countries with high emissions must take the greatest responsibility for the green transition.
During two weeks in December, the ICJ heard over 100 countries and around a dozen cooperative organizations, which according to the news agency AP is the largest turnout in the court's 80-year history.
The court's decision is not binding. However, it is more than a symbolic act, as it can provide a basis for future legal actions, such as lawsuits, in various countries.
A Swedish example can be found in the Aurora case, where the organization Aurora sued the Swedish government for what it claims is insufficient climate work. The Supreme Court announced in February that the case cannot be tried in a Swedish court – but opened up the possibility that a differently formulated climate lawsuit could be taken up in the future.
Aurora is preparing to submit a new lawsuit against the Swedish state.
The ICJ is expected to announce its decision at a public meeting at 3 pm on Wednesday.
Corrected version: In an earlier version of the text, incorrect information about Aurora's new lawsuit was included.
Facts: International Court of Justice in The Hague (ICJ)
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The International Court of Justice in The Hague is the UN's judicial organ. It was established in June 1945, and began its activities in April the following year. The court consists of 15 judges who are elected by the UN General Assembly and the UN Security Council for nine-year periods. In March 2023, the General Assembly asked the ICJ for advice on two issues: What obligations do countries have to protect the climate and the environment from harmful, human-caused, greenhouse gas emissions and what are the consequences for governments if their actions (or lack thereof) harm the climate and the environment. Source: ICJ, AP
